It is not uncommon for a collision on a highway to cause traffic to slow down. Unfortunately, backups often lead to additional crashes, as approaching drivers may not be able to stop in time to avoid an accident. Drivers hurt in collisions are often owed damages from other drivers. If the drivers responsible for their harm lack the means to compensate them fully for their losses, they may be owed underinsured motorist benefits from their insurers as well. Recently, a Florida court addressed the unique issue of whether harm suffered while a motorist was stuck in collision-related traffic arose out of one or two accidents. If you were injured in a crash by a driver with inadequate insurance, you should speak to a dedicated Florida car accident attorney regarding your rights.
The Collisions Leading to the Decedent’s Death
It is reported that the plaintiff insured the decedent, who was killed in a car accident in 2019. At the time of the crash, the decedent was stopped due to a traffic back up because of an accident that occurred two miles away. A dump truck driver who was speeding failed to slow down in time to avoid a collision that struck the decedent. The dump truck flipped over and landed on top of the decedent’s vehicle, causing his death.
It is alleged that the dump truck driver lacked adequate insurance to fully compensate the decedent’s estate for the losses caused by the decedent’s death. Thus, the estate filed an underinsured motorist claim with the plaintiff. The parties disputed whether the estate was entitled to the policy limits for one or two accidents. As such, the plaintiff filed a declaratory judgment action and subsequently filed a motion for summary judgment.