One man was killed, and one seriously injured when the reportedly intoxicated
driver of second vehicle collided with their vehicle around 4:00 a.m.
last Saturday morning.
Media reports say that Victor Cuxun-Bolvito lost his life when the driver
of a pickup truck, Ajinkya Kelkar, slammed into the back of the vehicle
Cuxun-Bolvito and another passenger were occupying. The force of the impact
pushed Cuxun-Bolvito’s vehicle from the eastbound lanes into the
westbound lanes at the section of Okeechobee Blvd. Road and Military Trail
in West Palm Beach, causing a third collision with an unidentified driver.
Persons involved in the crash are Cuxun-Bolvito, the 38-year old passenger
in the backseat of the first vehicle; the driver of that vehicle, Edgar
Vasquez Bolvito, 31 years old, likely a relative of Cuxun-Bolvito; and
Kelkar, 20 years old, who sustained minor injuries despite not wearing
a seatbelt. Vasquez Bolvito suffered serious injuries.
Palm Beach County Sherriff’s Office has reported that Kelkar was
under the influence of drugs or alcohol at the time of the crash, but
it’s not clear at the time of this writing if Kelkar has been charged
or booked into jail on charges related to this wreck.
DUI negligence both a crime and a tort
Driving under the influence is both a criminal infraction, punishable by
steep consequences in the state of Florida, and a tort. A “tort”
is an action that causes harm, bodily or otherwise, to someone else. In
the state of Florida, the family of the deceased Cuxun-Bolvito could potentially
sue Kelkar for causing his death.
In this particular
motor vehicle accident, the negligence was the operation of a motor vehicle under the influence
of alcohol or drugs by Kelkar, resulting in the multi-vehicle wreck on
Okeechobee Blvd. that took Cuxun-Bolvito’s life.
The criminal prosecution of Kelkar by the State of Florida for a criminal
act, DUI, would bolster the family’s claim for negligence, and a
civil lawsuit. However, a criminal conviction is not needed in order for
the family of the deceased to sue Kelkar, and/or his vehicle insurance company.
Cuxun-Bolvito’s death may create hardship for his surviving family
Florida’s wrongful death laws, the surviving family members of someone who was killed in an accident
such as this one can sue the responsible party as a Defendant for economic
and emotional damages inflicted by their actions.
In the case of Cuxun-Bolvito, that could be his surviving wife, children,
siblings, or parents. At 38 years old, and likely of a Hispanic heritage,
Cuxun-Bolvito was probably the head of household, and therefore the primary
earner of his family, if he does indeed have a wife or children.
In addition to supporting his dependents, he may have also been financially
supporting other family members, such as siblings, or his aging parents.
Without him, if those surviving dependents can prove that they relied
on him for emotional and financial support, there may be a personal injury
case and lawsuit brought against the Defendant, Kelkar, and Kelkar’s
auto vehicle insurance company.
Florida laws allow for the rightful recovery of compensation for lost wages,
medical bills, ongoing and future health and mental counseling, and pain
and suffering for the surviving family member(s) of Cuxun-Bolvito.
If you or someone you know has been injured or killed in a DUI motor vehicle
accident, or a DUI motorcycle or bicycling accident, please consider calling
the lawyers at the Law Offices of Craig Goldenfarb for a free and confidential
legal review of your family’s options at