I was outraged at a story I saw on WFTV.com concerning the tragic death of Malcolm Davis on Highway 408 in Orlando over the weekend. Many readers may remember that Malcolm Davis was the teenager from Seffner who was killed while he waited next to his disabled vehicle near mile marker 4 in Orange County.
While accidents and wrongful deaths like this one are always tragic, as an Orlando automobile accident attorney, I was outraged when I saw the Defendant driver, Thomas Monks, brazenly admit to the television reporter that he had consumed approximately 10 beers before this crash. To make matters worse, police found marijuana paraphernalia in Monks’ car and indicated that he was clearly intoxicated at the scene of the crash.
Based upon my experience handling motor vehicle accident cases across Florida over that past 19 years, I am going to predict that Mr. Monks will either not have any bodily injury liability insurance at all, or will have a minimum amount of liability coverage to answer to any potential damages claim coming from Mr. Davis’ family. Under Florida law, Malcolm Davis’ parents would have claims under the Florida Wrongful Death Act for the pain and suffering associated with the loss of their son.
I am hopeful that the Davis family carried plenty of stacking Uninsured/Underinsured motorist coverage on their vehicles. Uninsured/Underinsured motorist insurance in Florida steps into the shoes of the negligent driver and provides insurance to pay for damages caused by an uninsured or underinsured negligent driver. This kind of coverage may be the only hope that the Davis family has of seeing any kind of financial justice done here.
If you have questions regarding a Florida car accident, a Florida accident involving a drunk or intoxicated driver, or an uninsured or underinsured motorist situation, call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at 407-644-4444, or download a free copy of Kim’s book, Asleep At The Wheel: 13 Mistakes The Insurance Company Desperately Hopes You Will Make After A Florida Car Accident.