Brian G. Serger was seriously injured in a Titusville, Florida crash this past Sunday morning. According to news reports, Lori Cay Cromwell was driving the wrong way on State Road 528 when she collided, head-on, into Brian Serger's BMW.
Sadly, Lori Cromwell was killed.
Brian Serger was taken to Cape Canaveral Hospital where he is being treated for serious injuries.
Given my perspective as a Florida injury attorney, I can tell you that this is a black and white case of clear negligence.
While it is very sad that Lori Cromwell lost her life in this case, she is nonetheless the singular reason why Brian Serger is sitting in a hospital with serious bodily injuries.
When a car accident of this type is litigated in court, injury attorneys need to establish three important things in order to successfully collect compensation for their injured clients.
First, injury attorneys must prove that the offending party acted with negligence. This means that the victim party must be able to prove that the offending party did something wrong to cause the accident.
When the offending party drives the wrong way up a road or highway, this aspect of the case is easily established and can hardly be disputed.
Second, injury attorneys must be able to prove that their client sustained a quantifiable injury due to the negligent actions of the offending party. In this case, the injuries sustained by Brian Segrer were clearly sustained as a result of Lori Cromwell's vehicle colliding head-on with his BMW.
The extent of his injuries can be proven with medical records, expert testimony from doctors, as well as an assessment of any lasting disability or prognosis for future medical treatment/physical therapy.
As a victim, he would not only be entitled for his medical expenses, but for pain and suffering, lost wages, and disability, just to name a few.
Third, the offending party must have adequate insurance or personal assets to compensate the victim with. In the event that the offending party does not have adequate insurance or owns no assets, the victim may be entitled to make a claim against their own insurance company, assuming they purchased uninsured or underinsured motorist coverage.
Even if the offending party has insurance, the victims own policy may cover any shortfalls in the event the offending party's insurance only covers part of the victim's losses, but not all of them. Again, this is referred to as uninsured/underinsured motorist coverage.
Given the complexity of car accident litigation, it would be in Brian Serger's best interests to hire an experienced injury attorney. Someone who is familiar with Florida law, car accident litigation, and who is capable of building a winning case will be important.
As bad a rap as injury lawyers get, the truth of the matter is that car accidents like these create a host of very serious, life altering practical problems for victims. Not only is Brian Serger suffering in a hospital with serious injuries, but he is out of work, away from his family, and coping with the uncertainty of what his future holds - and it is not his fault.
While I sympathize with Lori Cromwell - after all this truly is a horrible accident - Brian Serger is still entitled to very substantial compensation for his injuries.
Finally, it is important to note that the investigation into this case is still on going and until completed, it is impossible to draw any concrete conclusions about what happened or who is truly responsible. Based on the information provided in the news, it appears as though Lori Cromwell is liable to Brian Serger for causing the accident.
In any event, I hope Brian Serger has a rapid recovery from his injuries and my condolences go out to the Cromwell family.
