Motorcyclist Dies in Central Florida Accident

By Orlando Personal Injury Attorney on July 26, 2018

A motorcyclist was killed Monday after colliding with a truck on Colonial Drive. According to the Florida Highway Patrol (FHP), the early morning crash happened near the intersection of Colonial Drive and State Road 417. A pickup truck, being driven by a 45-year-old male, was traveling north on the SR-417 exit ramp. As he approached the intersection with Colonial Drive, he attempted to make a left turn. At the same time, a motorcyclist entered the intersection in front of the pickup, at which point it was hit from the side.

Emergency first responders transported the motorcyclist to Florida Hospital East, he was later pronounced dead.

According to the police report, at the time the two vehicles entered the intersection, the exit ramp had flashing red lights, whereas Colonial Drive had flashing yellow lights. Based on this information, it would seem that the motorcyclist had the right of way and that the driver of the pickup truck had acted negligently. Because the negligent act of driving through the intersection without yielding caused the accident and the subsequent death, the pickup driver could be held liable. In the case at hand, since the victim died, his or her surviving family members would have the right to seek compensation for their loss.

To do so, they would file what is called a Florida Wrongful Death Action against the driver of the pickup truck. However, compensation will only be awarded if the surviving family members can demonstrate that they in fact were dependent on the deceased for financial and/or emotional support. Typically, this is limited to surviving spouses and children. If successful, they could recover compensation for:

• Medical bills
• Funeral costs
• Loss of income
• Loss of benefits
• Cost of child care
• Pain and suffering
• Punitive damages

It should be noted that Florida’s Wrongful Death Statute has a strict statute of limitations. Accordingly, all wrongful death claims must be brought within two years of the date of death. Failure to do so will result in the suit being rejected by the court and the surviving family left with nothing. For this reason, it is highly advised that you seek the advice of an experienced Orlando wrongful death attorney. To learn more, contact the Law Offices of James O. Cunningham, P.A. today.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.