Steven Neill died as a result of a motorcycle accident in Lake Wales. He was turning into the Polk County Health Department when he was struck by a vehicle driven by Andrew Palmer. At the time of the collision, Palmer was making a left hand turn from the westbound lane. Palmer told police that he did not see the motorcycle. The time of the crash was reported to be 7:25 a.m.
Lighting Conditions Or Distraction?
Since Palmer was headed west, instead of east, the low angle of the morning sun would not have been in his eyes as was going down the road and made his turn. Instead, the sun would have been to his rear and should have aided in his ability to see another vehicle on the road, such a motorcycle. This incident more likely happened because Mr. Palmer did not subjectively expect that a motorcycle was there and, therefore, his brain did not subjectively recognize it as a hazard. The failure to recognize the motorcycle’s presence is negligence and creates a basis for a wrongful death claim under Florida law. Mr. Palmer was probably distracted by something in his vehicle at the time of the collision. People sometimes do this when they are driving in a familiar location as they can almost do it in their sleep. The problem with this is that they are not watching the road as they are supposed to do.
The Ledger does not mention that Mr. Neill had a spouse or minor child. Assuming that Mr. Palmer is survived only by his parents (siblings do not count in this instance), then each parent is entitled to claim mental pain and suffering as below:
Section 768.21(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
Get Legal Advice From A Wrongful Death Attorney
If you or someone you know has been involved in a motorcycle accident in Polk County, Florida, please contact a Polk County motorcycle accident attorney for a free case review. Mr. Russo taken on many wrongful death cases in his career. Many of these cases require a probate and appointment of a personal representative just to gain the legal authority to settle claim. For cases involving minor children who are survivors, court approval is required and, in many cases, a guardianship to protect the funds until the child reaches the age of majority. A Florida wrongful death claim can get complicated fast. You should hire an attorney who can help make the process simple.