According to the Lakeland Ledger, around 9 a.m. on June 5, 2009, Shirin Bidel-Niyat was driving her 2003 Toyota Corolla south on U.S. Highway 17 near Avenue D, N.W., in Winter Haven, FL. Shirin Bidel-Niyat slowed down to let a vehicle in front of her pull into the McDonald's parking lot, when she was hit by the three cars following her, two of them being driven by family members.
At the time, Shirin Bidel-Niyat was moving into a Winter Haven, FL apartment complex. Traveling behind her was her mother, Donna Bidel-Niyat, in a 2005 Toyota Corolla, followed by her grandfather, Willard Eaton in a 1995 Ford F-150 pickup truck.
After Shirin slowed, Eaton and Donna Bidel-Niyat both slowed, but the semi tractor-trailer behind Eaton was following too closely, and the weight of his load stopped him from slowing down in time to avoid the four vehicle accident. The semi tractor-trailer truck was driven by Charles Dickey, who was later cited as a result of the accident.
Winter Haven, FL police officer Robert Bonsall reported that the intersection of U.S 17 and Avenue D, N.W., is a dangerous one in Winter Haven, FL because of the flow of traffic going to McDonald's.
The semi tractor-trailer truck was reported to have $800 worth of damage, the F-150 truck with $6,000 in damages, the 2005 Corolla with $3,000 in damages, and the 2003 Corolla with $200 in damages.
Eaton had minor lacerations on his forehead, and was taken to the Winter Haven Hospital in Winter Haven, FL. Nobody else involved in the four vehicle accident was reported to have any injuries.
In my practice as a personal injury attorney in Polk County, FL, I have represented many individuals who sustain injury as a result of a rear-end collision. In this instance, the tractor-trailer appears to have struck Eaton's vehicle with such force, that it resulted in a chain reaction involving the other vehicles.
From a legal perspective, the amount of property damage can be significant. A vehicle sustaining $3,000 and $6,000 in property damage is of importance because it often creates a mechanism for injury. Conversely, vehicles that sustain damages less than $1,000 may present a challenge since insurance adjusters unfairly assume that major injuries cannot result from collisions with minimal property damage. For this reason, it is important to have legal representation.
Finally, it appears that all family members may be able to present a claim against the driver, Charles Dickey for their injuries and property damage. It should be noted that if the collision were caused by a family member, one or all of the victims may be barred from bringing a claim, depending on whether the injured party is a resident relative of the negligent party. Furthermore, in Florida, as in many states, the tortfeasor's spouse and children are barred from bringing a claim against the tortfeasor.
