When a motorcyclist dies and the other driver is not identified, Florida law may still give the family two places to look: the uninsured motorist coverage statute and a wrongful death claim brought by a personal representative. Families with questions after a fatal motorcycle crash can call The Perazzo Law Firm at 888-PERAZZO for a free case evaluation.
What was reported on I-75 in Charlotte County
The Perazzo Law Firm has learned, according to WINK News, that a 41-year-old Sarasota man died after a crash on Interstate 75 in Charlotte County. Our thoughts are with his family and friends.
Citing a Florida Highway Patrol press release, WINK News reports that the man was traveling north in the inside lane near mile marker 163 at about 11:20 p.m. on Saturday, Oct. 10, on a 2012 Harley-Davidson, with an unknown vehicle traveling north behind him.
According to the same WINK News report, the motorcycle overturned after the motorcyclist lost control, he came to rest in the inside lane, the front of the unknown vehicle collided with him, its driver continued north without stopping, and he died at the scene.
WINK News reports that FHP is investigating and searching for the second driver. The investigation is open, these details may change, and nothing here assigns fault to anyone.
What Florida law says about a driver who leaves the scene
Under Fla. Stat. § 316.027(2)(c), the driver of a vehicle involved in a crash that results in a person’s death must immediately stop at the scene, or as close to it as possible, and remain until the requirements of s. 316.062 are met. That paragraph makes a willful violation a first-degree felony with a mandatory minimum prison term of 4 years.
Whether this criminal statute applies to anyone in a particular crash is a question for investigators and prosecutors, and it is separate from any civil claim.
Uninsured motorist coverage when the driver is unknown
Fla. Stat. § 627.727(1) requires that a bodily injury liability policy delivered in Florida include uninsured motor vehicle coverage, unless it is rejected in writing, for insureds who are “legally entitled to recover damages from owners or operators of uninsured motor vehicles,” including death.
The definition of “uninsured motor vehicle” in subsection (3) is “subject to the terms and conditions of such coverage,” so policy language controls. The first step is reading the policies that covered the rider and the household, including any written rejection of coverage.
A wrongful death claim and its deadline
Florida’s Wrongful Death Act allows a claim when a death is caused by another’s wrongful act or negligence. Under Fla. Stat. § 768.20, the personal representative brings the action and recovers for the survivors and the estate. Fla. Stat. § 768.21 lists the damages available to survivors and the estate, including lost support and services and medical or funeral expenses.
Whether a claim exists against any person depends on what the evidence shows, and Fla. Stat. § 95.11(5)(e) places “an action for wrongful death” within two years. Our wrongful death lawyer page explains how these claims work.
Why evidence matters when a driver is not identified
Identifying a driver who left can take time. Traffic cameras, dashcams, and witness accounts can help. Anyone with information about this crash should contact the Florida Highway Patrol. A family does not have to wait for an identification to ask a lawyer about policies and deadlines.
Frequently asked questions
Can a family file a claim if the other driver is never found?
Possibly. A wrongful death claim requires someone legally responsible, and Fla. Stat. § 627.727 coverage depends on the policy terms. A lawyer can review the specific policies and facts.
How long does a family have to file?
Fla. Stat. § 95.11(5)(e) sets a two-year period for an action for wrongful death. The facts of a case can affect how that deadline applies.
Does the criminal investigation control the civil claim?
The criminal statute in § 316.027 and the civil claims under § 768.20 are separate. A lawyer can explain how the two interact in a specific case.
Talk with someone, like an experienced Personal Injury Accident Lawyer, who can explain your options
If your family has lost a loved one in a crash, call 888-PERAZZO or request a free case evaluation online.
This article is general information, not legal advice, and does not create an attorney-client relationship. News details come from the linked report and may change as the investigation continues. Past results do not guarantee a similar outcome. Miami Car Accident Attorney Advertising. Jonathan Perazzo, Esq. is the attorney responsible for this content. The Perazzo Law Firm has offices in North Miami Beach, Florida and Atlanta, Georgia.