Florida is one of a handful of states that still has “no fault” statutes on the books when it comes to automobile accidents. Basically, what this means is that every motorist is required to cover a minimum amount of personal injury protection insurance in the event of an accident. This covers lost wages and medical bills no matter who was at fault in the accident. However, it is often the case that this insurance does not cover the full extent of the medical bills and lost wages and other losses suffered by the victim. When this is the case, the victim may then bring a lawsuit against the at-fault driver and their insurance company.
Mass Live reports that a victim in the accident that killed a member of the Holy Cross rowing team is suing both the school and the coach.
The fatal accident took place in Vero Beach on January 15th.
The van, driven by head coach Patrick Diggins, was transporting 11 crew team members when he turned into oncoming traffic. The van was struck by a pickup truck, killing sophomore Grace Rhett and injuring several of the team members.
Team member Margaret O’Leary has filed a lawsuit against the school and Duggins. The lawsuit alleges that the crash was due to the negligence of Duggins, stating that he was operating at a greater speed than responsible and he failed to yield the right of way.
In the lawsuit, attorneys for O’Leary allege that she suffered from traumatic brain injury, brain bleed, concussion, post-concussive syndrome, a fractured pelvis, and a fractured tailbone.
College of the Holy Cross and Duggins have filed a motion for the case to be transferred to Florida or to be dismissed for improper service, improper venue, and lack of jurisdiction.