David Eisenthuth was tragically killed in a Daytona Beach, Florida car accident last Thursday morning. According to news reports, Eisenthuth was a passenger in a box truck that was traveling southbound on I-95 at approximately 2:15am. As is very typical for Florida roadways in September, the roads were wet that night and another vehicle driven by Skye Baldwin, of Deltona, Fl, lost control when it hydroplaned on water.
The front drivers side of Baldwin’s pickup truck crashed into the passenger side of the box truck David Eisenthuth was traveling in. The impact was so intense it forced the box truck across all lanes of travel and did not come to a stop until making contact with a light pole.
After being extricated from the box truck by emergency responders, David Eisenthuth sadly passed away at Halifax Health Medical Center in Daytona Beach, where he was brought for emergency treatment.
Since this is a blogsite about law, specifically injury law, this entry will focus on the legal implications created by an accident of this type. As an injury attorney, I strongly suspect that legal responsibility for causing this crash will likely rests with Skye Baldwin.
Even though she probably did not do anything intentionally wrong, she is nonetheless responsible when she loses control of her vehicle and crashes into someone else.
That said, I am bothered by one very important fact: The report that David Eisenthuth’s box truck was pushed across all lanes of travel until it hit a light pole.
While I have not had a chance to see the accident scene in this particular crash, I have seen many others and have been following Florida’s roadway fatalities for many years.
Whenever I hear that vehicular impact caused one vehicle to push another across all lanes of travel, it tells me that at least one party was traveling at a high rate of speed.
Granted this happened on the highway, I still can’t help but wonder if Skye Baldwin was also speeding?
This would be troublesome because wet roadways call for reduced speeds that are even lower than the posted speed limits.
While I have my suspicions, I must admit that this is just speculation on my part. A thorough investigation is required before any concrete conclusions can be drawn.
That leads me to the next point.
Once responsibility for a car accident can be placed, the next question turns to compensation.
Because this horrible accident has resulted in the death of an innocent person, I hope very much that Skye Baldwin had adequate liability insurance. Such insurance would be the backbone of any claim payouts made to Eisenthuth’s surviving family.
Now I know what you are thinking… here go the lawyers again.
But that is a very narrow minded approach. The reality is that Eisenthuth likely has a family and maybe even children who depend on him.
Who will be there for them? Who will pay for the things they need?
This is why the law calls for compensation to be paid when one party injures another. It isn’t about winning an award for getting killed… its about solving the practical problems created when a family’s primary earner is lost.
That said, Eisenthuth’s family may also be able to make a claim against the owner of the box truck. Again, adequate liability insurance is what we are talking about.
People do not realize how important adequate liability insurance is. Most drivers opt for the minimum to save a buck or two.
In reality, this is a very irresponsible thing to do. Accidents happen. While Skye Baldwin may have caused this crash, I highly doubt she left her house that night intending to kill someone. In fact, I bet she is probably very upset about what happened.
Regardless, car accident fatalities do not end when the victim is hauled away. There is a plethora of real life practical problems that are created that the deceased’s loved ones and surviving family members must deal with.
Again, when we look to the legal issues created by a case of this type, it is clear that this matter will come down to one of insurance. A claim will surely be viable against Skye Baldwin’s insurance and I expect the same to be true about the owner/driver of the box truck.
Most importantly, even though this is a law blog, we cannot forget about the underlying loss of life. My prayers and condolences go out to David Eisenthuth’s family and loved ones.