In a tragic pedestrian accident, a George Jenkins High School student was killed while he was running across the street to catch his school bus. A news release issued by the Polk County Sheriff’s Office stated that Kalen Kirk, who was only 17 years old, was heading in the direction of his school bus in the morning when the vehicle of a sheriff’s office employee hit the teenager. The driver of the vehicle, who normally works primarily from an office, is employed as a crossing guard supervisor by the sheriff’s office.
The Scene of the Pedestrian Accident
A spokeswoman from the sheriff’s office, Carrie Horstman, says that the scene of the accident was investigated thoroughly and there was no school crossing or crosswalk in the intersection where the fatal pedestrian accident occurred. The teenager was immediately taken to the hospital from the scene, where he later died from his injuries. Horstman also stated that the catastrophic accident was a terrible coincidence.
No Fault?
When tragic pedestrian accidents like this occur, it is normal to point fingers and talk about who was at fault. After all, regardless of what type of accident – car, truck, boat, or plane – someone is usually found to be at fault. Florida employed “no fault” laws to ensure that personal injury claims were not clogging up the legal system. However, pedestrian accidents can become overwhelmingly confusing, especially when someone dies.
Personal Injury Protection
In Florida, drivers must carry a minimum of personal injury protection (PIP), which is $10,000 on their auto insurance policies. When a driver is in an accident, they must file a claim using their own PIP coverage before they can pursue a claim against the other driver. If a pedestrian is injured in an accident in Florida, and they have PIP coverage, that person can file a claim with his or her auto insurance company to cover any expenses from loss of income and injuries.
When the pedestrian dies, however, the circumstances will need to be evaluated more thoroughly. Survivors of the pedestrian may be able to sue the driver of the vehicle if the driver is found to be negligent. These lawsuits are obviously emotional, complicated, and confusing, and will require the expertise of an experienced lawyer.
Call Our Firm For Help
If you or someone you love has been in a pedestrian accident, contact a Tampa Bay pedestrian accident attorney to help you with all of your questions about liability concerning pedestrian accidents. Reach out to our firm today for professional assistance.