Fatal Accident at North 40th Street and East Ellicott Avenue
A fatal accident occurred at the intersection of North 40th Street and East Ellicott Avenue. The accident occurred at approximately 6:10 p.m. on July 31, 2016. The area is known as Jackson Heights. No further information was reported by the Tampa Bay Times.
Without enough detail to figure out how this accident happened, all we can do is remark that this intersection appears to be a straight drive through for North 40th Street and traffic on East Ellicott Avenue is required to stop. We are not able to tell whether this fatality can be considered a wrongful death.
Regardless of fault, the deceased is going to be entitled to a $5,000 Personal Injury Protection (PIP or "no-fault") death benefit. Florida's no-fault law is contained in section 627.736, Florida Statutes. It covers the "named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle." Even though we know next to nothing about how this accident occurred, PIP benefits are so broad that there will likely be some automobile insurance policy that covers this fatality.
The Florida no-fault death benefit is available even if a hospital has already billed or received payment for bodily injuries as this benefit operates in addition to the medical and disability benefits. The law allows an insurance company to pay the death benefit to the executor or administrator of the estate, to any of the deceased’s relatives, or to any person appearing to the insurer to be equitably entitled to such benefits. The last phrase of the statute typically refers to someone close to the deceased who paid for a funeral from their own funds.
If you or a loved one has been involved in a Central Florida car accident, please contact a Central Florida car accident attorney for a free consultation.
