Glenn Edrington was killed in a Crawfordville, Florida motorcycle accident yesterday. According to news reports, Edrington was driving northbound on County Road 61 toward Cajer Posey Road when another driver on Cajer Posey Road collided with him. Glenn Edrington was transported to Tallahassee Memorial Hospital where he later died.
Since news reports on this case are rather skimpy, the exact details of this case are not yet known. For instance, it will be important to know why the other driver collided with Edrington’s vehicle. However, as a personal injury attorney, I suspect that Glenn Edrington’s family may be entitled to compensation for their loss under Florida’s wrongful death statute.
The first step in analyzing any motorcycle accident case, from a legal point of view, is to identify who is at fault. According to recent motorcycle accident statistics, the number of motorcycle accidents has been increasing over time.
As it relates to this case, we would need to learn more about what happened. As a personal injury attorney, the first source of information I would look to is the crash report. From there, we would want to get a layout of the accident scene and identify any possible witnesses. Learning what others saw (and in some cases, didn’t see) is extremely important. Ultimately, injury attorneys need to accumulate enough evidence to make a judgment call about what happened.
In many ways, this part of a motorcycle accident case is no different than how the FAA investigates a plane crash. Bottom line is we want to know what happened. We want to collect evidence and then take a look at it to learn what it can tell us.
Once enough evidence is collected to determine fault, the next step is to evaluate injury.
Sadly, the victim in this case was killed. While we do not know if Glenn was wearing a motorcycle helmet, it may not have made a difference in a case like this.
Given the obvious nature of this loss, the evidentiary hurdle is not difficult to overcome. This contrasts with other injury cases where it is difficult to prove the full extent of an injured person’s loss, such as long term disability, future medical expenses, and total economic loss.
When I consider the above issues, my impression is that this case needs more investigating when it comes to proving who is at fault. Based on the limited information available in the news, my inclination is to believe that the other driver is at fault. If anything, it sounds like this is a “failure to yield right of way” case.
If the evidence proves that the other driver was at fault, I would strongly suspect that Glenn Edrington’s survivors have a good case for compensation. Under Florida law, the responsible driver may be held accountable under Florida’s wrongful death statute.
While I am sure the other driver is shocked and suffering with their own feelings about what happened, the bottom line, from a strictly legal point of view, is that the negligent party is liable to the victim for his/her loss.
That said, this case will likely come down to a question of collectability. In other words, does the negligent party have the means to actually compensate the victim’s family?
In most motorcycle accident cases, this is accomplished by making claims against insurance companies. Hopefully the driver who caused the accident is also insured.
When an injury attorney begins his/her investigation, part of that investigation will include research into the responsible party’s insurance situation. In fact, the name of the insurance company and the policy number will likely be included on the crash report obtained from police.
At the end of the day, we must remember that a man lost his life. Florida’s roads are very dangerous places and multiple fatalities occur on a weekly basis. My condolences go out to Glenn Edrington’s family. I am sorry for their loss.