The Ledger reported that Donald Paul Jones was charged with DUI with manslaughter and leaving the scene of an accident that caused critical injuries to a 36-year old bicyclist on October 11, 2019. The injuries to the bicyclist are listed as a brain bleed, collapsed lungs, and fractured femurs (plural). That bicycle rider died on Sunday, October 13, 2019, turning this incident into a wrongful death.
This incident began when Mr. Jones caused a rear-end car accident on U.S. Highway 27 near Polo Park East in Davenport, Florida. The other vehicle was reported to have been stopped at a red light at the time of the collision. A passenger in that vehicle snapped a photograph of the Jones’ license plate.
Jones left the scene of that accident, turning the incident into a hit and run accident. He then struck the bicyclist who was riding in the designated bicycle lane. Jones failed field sobriety exercises and statements from witnesses indicate that he was driving while intoxicated at the time of the accident.
Legal Options For Injured Bicyclist
This unfortunate incident is likely to result in permanent injuries to the injured bicyclist. The amount of any settlement is not likely to make him whole. Nonetheless, the interests taking part of a settlement must often share to some degree if there is to be a settlement.
Recovery sources for the injured bicyclist include the bodily injury portion of Mr. Jones’ auto policy and the uninsured motorist portion of the bicyclist’s auto policy (if applicable). A lawyer may be needed to help determine whether there is an applicable uninsured motorist policy purchased by the bicyclist or a family member that he lives with. This analysis can get complicated.
The next issue will likely be resolving medical bills in the most favorable way. Collateral sources such as health insurance are required to share in a pro-rata reduction for attorney fees, costs, and the overall percentage of damages recovered in a settlement pursuant to section 768.76, Fla. Stat. This is known as Florida’s collateral source statute.
Seek Legal Help From A Polk County Car Accident Lawyer
If you or someone you know has been injured in a car or bicycle accident, you can search for a car accident lawyer near me to find lawyers who can help. We offer a free consultation and do not charge any attorney fees or costs unless we are able to recover money for our clients. Call Russo Law today to talk to a Haines City bicycle accident attorney.