Posted on May 11, 2011 in Personal Injury
This tragic accident resulted in the death of 66-year-old Henry F. McCain on a motorcycle. Brittany Elizabeth Miles had been pulled over after police received a call from a concerned motorist behind her. Police had pulled Miles over for suspected DUI and had her in custody when she escaped, got back in her own truck, and then sped off at speeds over 70 mph and dragging a police officer behind her.
This is a case where both the injured police officer and the family of the deceased have claims. With respect to the motorcyclist, there is no requirement in Florida that a motorcycle carry insurance. Notwithstanding, I sincerely hope that he purchased some form of UM coverage for his motorcycle. Assuming that there is no UM coverage, there is a $5,000 PIP death benefit that can be paid plus the bodily injury liability coverage. There is also a possibility that Ms. Miles lives with a resident relative household member who has bodily injury liability coverage. If that is the case, then the resident relative household member’s BI coverage may apply to this accident. With respect to the injured deputy, he will be covered by worker’s compensation for his medicals and lost wages but he is still entitled to make a liability claim. There will be a workers compensation lien against any financial recovery that he makes. This is one of the complexities to these cases that if you have questions or concerns, you might want to speak to a Central Florida personal injury lawyer or wrongful death attorney for more information. A consultation with a Central Florida personal injury or wrongful death lawyer is free. Attorneys with Moody Law make free home or hospital visits upon request.
A deputy was dragged and injured by Brittany Elizabeth Miles on May 10, 2011. Miles had been pulled over and placed into the back of a patrol car when she excaped. She got back in her truck dragging the officer and eventually striking and killing a motorcyclist.