In Florida, my sister's husband was killed while riding his motorcycle when he was hit by a 93 yr. old man. The elderly man made a left turn into Terry's path & claimed he didn't see him. Terry's motorcycle is yellow for the purpose to be seen. The police said Terry did nothing wrong. The elderly man's insurance sent my sister a check for &60,000 & apparently, that is all the coverage would allow. But like a bartender who continues to sell alcohol to a drunken customer & they go out driving & kill someone- Can we not hold the DMV culpable for continuing to issue drivers license to elderly individuals without going through road tests to prove they have the motor skills & reflexes to operate a vehicle in public? A hefty lawsuit would wake them up to this need to implement the proper screening so infirmed or impaired drivers don't fall through the cracks..Terry lost his life because of that. Thank You
I'm very sorry to hear about your sister's husband. What a horrible tragedy.
Unfortunately, although you make great points, going after the DMV is a dead end legally, for a list of reasons. For one, the state has all kinds of laws protecting state agencies.
The bigger question is whether your sister or her husband had any additional insurance policies that might have covered this accident. I'm assuming you would have known if they did, but that's definitely worth double-checking. Sometimes we also look to whether the defendant driver had an employer (or significant assets -- but the assets went away as an option when your sister signed the waiver to get the 60K). Employment seems unlikely with a 93 year old man.
Sorry we can't be more helpful.
This information is for general purposes only, which I have answered without my knowing all of the facts of your case. However, I cannot give reliable advice without knowing the facts of your given case, during a consultation. Therefore my answer does not create an attorney-client relationship between us. You also should not rely on my answer without speaking to me, as one small fact could change my answer. We are a low volume serious injury & accident firm, whose lawyers have won many awards, and recovered millions for our clients. We provide free and fast phone or live consultations with a highly experienced lawyer, if you have the type of case we are able to accept. We do not handle defense. We only handle serious injury & wrongful death cases on a contingency basis, when another party is at fault. Tina Willis Law, Orlando Personal Injury, Car & Truck Accident & Wrongful Death Lawyer, 390 North Orange Avenue, Suite 2300G, Orlando, Florida, 32801, (407) 803-2139
Sorry this is a political issue not a legal one. You seem to forget that the State doesn't have an infinite money machine in a bunker in Tallahassee to print money to hand out on demand, it comes from the tax coffers. For that reason we have sovereign immunity laws. While I agree with your point, the solution lies with the legislature not the courts. You may want to focus your efforts there.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
A creative lawyer can look for additional sources of recovery that should be explored. for example if the 93 year old man was given any prescription drugs that his doctor knew would lead to this type of accident, the doc may be liable 2nd .if the 93 year old man was a resident at a nursing home that should not have let him drive (yes some nursing homes do have the right to control their residents) then the nursing home may be liable,..discuss with counsel here in Florida.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
Please focus on the case you do have. The 93 year old woman may be a fault. Get to a personal injury lawyer quickly
This reply does not create an attorney client relationship
Unfortunately, this would not be a successful claim against the DMV. They are simply following the statutes. Your sister would have been better protected if they had purchased significant uninsured motorist coverage. It is 1 of the most required coverages in Florida due to the fact that many people drive with no insurance or the state minimum.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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