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Andrew McIlvain Injured by Motorcycle Accident with Cop Car in Port Orange, FL

Port Orange, FL — A motorcyclist, 39-year old Andrew McIlvain, was critically injured in Port Orange after he was rear-ended by a police car last month. This happened on Sunday, December 21, 2014 and the police officer involved was identified as Silvio Portillo.

According to the reports I’ve read, Mr. McIlvain was riding his motorcycle along Dunlawtown Avenue that Sunday morning around 12:50 a.m., close to Village Trail. For reasons still unknown, McIlvain’s motorcycle was hit from behind by Officer Silvio Portillo’s patrol car near the interaction with Village trail.

The impact caused McIlvain to be ejected from his motorcycle and he was critically injured. The officer involved wasn’t harmed and it’s not clear if he’ll face charges. However, the FHP said that McIlvain didn’t have a proper license at the time. This is still being investigated.

Map of the Accident

View from the Road

Commentary:

Since a police officer is involved in this accident, that means things are going to take a slightly different turn than your average car accident. Now, the news reports are making it sound like the cop is at fault here. I don’t know about that, but for the sake of this discussion, let’s assume that’s true.

Since police officers are essentially government employees (city/county employees), that means that they aren’t exactly protected by a GEICO insurance policy like a regular driver is. Rather, to file a claim against a police officer (or any government employee), you have to abide by the rules set forth by the city charter — which usually have much more restrictive deadlines and rules to follow. The bottom line here is that you shouldn’t treat an accident with a government employee the same way you would any other wreck, and time is usually not on your side, so you don’t want to be late in taking action either. Again, I’m not saying that applies to this situation, because I don’t even know who caused this accident, but this information is designed to help those who might not otherwise know about that area of the law.

 

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What this blog is all about

This blog was started as a source for information and news regarding Texas personal injury accidents. This blog has since evolved to feature related stories from all over the country.

Additionally, we hope our blog provides a place for personal injury victims, their family members & loved ones to express their concerns, raise new questions, or to share memories of a loved one who has suffered as a result of such an accident. We update our blog daily and will be happy to keep any and all memories or comments posted live for visitors to view at any time.

Michael Grossman

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