The WESH.com website is reporting that a tragic one-car crash occurred last night in Port Orange. Based upon my experience as an Orlando accident attorney, and having handled more than my fair share of one-car accident cases, I know that the one surviving passenger, Nestro Romero, of Lake Mary, will play in important role in sorting out how this crash happened, and how justice will be done in this case.
According to the media report, three men – Mr. Romero, Eric DeLeon, of Orlando, and George Kavaliauskas, of Lake Mary, were discovered by a building property manager early this morning. They were inside a two-door Kia that had crashed into a tree. According to police who were called to the scene later, it is believed that the driver lost control, crossed the center line, left the road surface, and then crashed. Law enforcement is not exactly sure why Mr. DeLeon, who had been driving, left the roadway.
Mr. Romero’s testimony will be important to establish whether this truly was a one-car accident, or whether some phantom vehicle may have been involved. This will be critical in order to establish which insurance policies might apply. For example, if Mr. DeLeon is established to have been at-fault for the crash, then the Kia owner’s bodily injury liability coverage will likely respond to damages claims made by Mr. Romero, and the family of Mr. Kavaliauskas – who tragically died in the crash. However, if a phantom vehicle was involved, any Uninsured Motorist coverage that Mr. DeLeon carried might apply. In addition, if Mr. Romero and/or Mr. Kavaliauskas carried Underinsured Motorist coverage, this coverage might apply.
These kinds of accidents can be extremely tricky to navigate in terms of establishing insurance coverage, and which coverage has priority over the others. These folks would probably all be best-served to speak with an experienced Florida personal injury lawyer before signing any paperwork for the insurance companies.
If you have any questions regarding a Florida automobile accident, or wrongful death claim, call Winter Park personal injury attorney Kim Cullen at 407-644-4444.