Crossover Accident On US27 In Frostproof, Florida

Car Accidents

Jacquell Bradwell and Kathryn McKenrick died as a result of a car accident on US 27 in Frostproof, Florida on March 21, 2017.  The accident happened at approximately 8:45 p.m. when Bradwell’s 2000 Ford Expedition crossed over the center median on US 27 at Collany Lane and struck a 2006 Lincoln Town Car occupied by McKenrick.  McKenrick is from Edinboro, Pennsylvania and was a passenger.  Angelica Hampton was a passenger in Bradwell’s vehicle and was transported to Lakeland Regional Health Medical Center.  Steven McKenrick was also transported to the same hospital along with Janice Servick, who was also a passenger.

Crossover Accidents Are Often Deadly

A crossover accident such as this one is often fatal because of the delta-V or difference in velocity involved.  If both vehicles are traveling 55 mph, then there is a delta-V of 110 mph.  Regardless of the speed, there has to be an explanation of why Bradwell crossed over the center median.  No details were reported on that cause but distracted driving may be a cause.

Who Has A Legal Claim?

Assuming that Bradwell’s negligence was the cause of this crash (as opposed to a sudden and unexpected medical emergency), then Bradwell’s passenger and the people in the other car all have claims against Bradwell’s insurance policy and any assets that he may have in his estate.  In addition, any person having their own uninsured motorist’s coverage (UM) will be able to apply that insurance coverage on their own policy on top of any insurance that Mr. Bradwell had on his vehicle.  McKenrick’s husband will have a wrongful death claim against Bradwell.

Is There Enough Insurance?

In Florida, automobile liability claims are usually subject a per person and a per accident policy limit.  If the value of the claims exceeds the collective policy limits, then the claimants usually share in the policy limits.  In some cases, one claim may have significantly more value than the other claims.  In that instance, an appropriate resolution is to pay the per person policy limit to that claimant while leaving the remaining coverage to be shared among the other claimants.

What Happens If A Settlement Still Leaves Unpaid Hospital Bills?

In cases where the policy limits are not enough to cover the medical expenses, a personal injury attorney can help you determine what hospital or medical bills that you are required to pay and which ones you are not required to pay.  In many Florida personal injury cases, the claimant’s settlement is subject to statutory or contractual liens, hospital liens, or other agreements requiring payment even when the claimant is not made whole.  This can happen even when you have health coverage to pay medical bills on top of automobile coverage.

Talk To A Lakeland Personal Injury Attorney About Your Case

The facts of each case are different and have an impact on the overall outcome.  No two accidents are alike regardless of how similar they may seem.  Likewise, you may have medical expenses that other people involved in the same accident do not have to pay.  These are all reasons why a Lakeland personal injury attorney may be necessary to get your fair share from a settlement, particularly one that involves multiple people.  In some instances sharing on equal terms is fair while in other cases it is not.

Call a car accident attorney to get the help you need on your case.  A consultation is free.

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