Florida Couple Are Victims Of 6-Vehicle Crash

In early June 2024, a 6-vehicle crash in Dinwiddie County, Virginia that involved a tractor-trailer took the lives of a Florida couple, injuring several others. According to a State Police spokesperson, traffic was unusually heavy due to an unrelated wreck being cleared off I-85 mere moments before, and a tractor-trailer driver was unable to stop in time to avoid striking multiple vehicles. He struck a work van, two pickup trucks, and two sport utility vehicles (SUVs). The Florida couple was in one of the SUVs, which was pushed into the median by the tractor-trailer and caught fire. They were pronounced deceased at the scene.

Filing A Civil Lawsuit

While the State Police spokesperson confirmed that as of this writing, charges are pending against the driver of the tractor-trailer, criminal charges do not ensure that injured plaintiffs are made whole. Contrary to popular belief, it is possible for a plaintiff to file a civil suit even if the person who allegedly caused their injuries is convicted in criminal court – the U.S. Constitution’s Fifth Amendment right against double jeopardy does not apply if two proceedings are brought in two different legal systems.

A person who survives this type of crash may file a lawsuit alleging negligence against the driver or the driver’s employer. If the injured person or people do not survive, the personal representative of their estate may bring a wrongful death action against the person or people who allegedly caused their death due to a “wrongful act, negligence, default, or breach of contract or warranty” on behalf of the surviving family. The surviving immediate family of the Florida couple may choose to do so.

Defendant’s Negligence Must Be Proven

Filing a wrongful death lawsuit against a tractor-trailer driver (and/or their employer) is difficult, but it is eminently possible to prevail at trial or at a settlement hearing. It is important to be aware that Florida law may not always apply in a wrongful death case – in the Dunwiddie County accident, it is likely that Virginia law would apply – but if it does, the state’s regulations are reasonably clear about what must be established in order to prove negligence against the tractor-trailer driver or their employer.

In general, an injured plaintiff (or their representative) must establish that but for the defendant’s actions, the plaintiff’s injuries would not have happened. In road accidents in Florida, there is an implicit duty to exercise due care toward every other road user, and a breach of that duty goes a long way toward establishing negligence on the part of the defendant and/or their employer. However, each case is different, and it is always a good idea to have the right legal help on your side.

Contact A Tampa Tractor-Trailer Crash Attorney

It remains to be seen whether there will be any legal fallout from the Dunwiddie County accident, but if you have lost a loved one in a tractor-trailer accident, seeking compensation can be difficult due to the different mix of laws that may apply. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help. Call our office today for a free consultation.

Source:

msn.com/en-us/news/us/state-police-tractor-trailer-failed-to-stop-for-i-85-traffic-crashed-into-five-vehicles/ar-BB1ny7Tu