November 10, 2019. Jenna Waldrop died after her motorcycle was hit by a van at the Winter Lake Road exit of the Polk Parkway.
The Ledger reported that Brianna Board was driving a 2019 Ford Transit 300 van westbound on the Polk Parkway before exiting at Winter Lake Road. The report indicates that she stopped the van before entering the westbound lanes of Winter Lake Road where Ms. Waldrop motorcycle struck the left driver’s side quarter of the van. Police determined that the van violated the right of way of the motorcycle. Ms. Board told police that she did not see the motorcycle before the collision.
Florida’s Wrongful Death Statute
Ms. Board’s negligence in failing to observe the motorcycle before the accident is enough to qualify this motorcycle accident as a wrongful death. Considering that Ms. Waldrop was only 25 years old and The Ledger does not indicate a spouse or minor children, her survivors under Florida’s wrongful death statute are likely to only be her natural parents. They would be entitled to any burial or probate costs, any damages to the estate (i.e. the value of the motorcycle), and of course pain and suffering as survivors.
Further Investigation Needed
Before settling with the insurance company for Ms. Board, Ms. Waldrop’s family should determine whether the Ford Transit van was a company owner or operated vehicle and whether an employer or vehicle owner is vicariously liable under Florida law. The family should also determine whether Ms. Board was covered as an insured under more than one automobile insurance policy as many car insurance policies cover all “resident, relatives” living in the same household.
Another potential source of financial recovery includes uninsured motorist coverage on the motorcycle. Generally speaking, uninsured motorist coverage on an automobile insurance policy excludes coverage while riding a motorcycle. However, careful examination of the policy might lead to an exception as in Eckols v. 21st Century.
Talk To An Attorney About Your Legal Questions
If you have questions regarding this accident or any other, please contact a motorcycle accident attorney in Lakeland, Florida for a free consultation. There is no obligation to signup and we do not charge fees or costs unless we are able to recover money for you.