Author Archives: Jay Butchko
Multi-Vehicle Crash Involving Tractor-Trailer Shuts Down I-95
In mid-April 2024, a crash involving “multiple vehicles,” including a tractor-trailer, closed southbound I-95 around Boca Raton for hours, with multiple injuries being reported, though specifics were not disclosed to the media. Emergency personnel were present on scene, however, implying at least some degree of serious harm to the drivers involved. Tractor-trailer accident cases… Read More »
Some Commercial Motor Vehicles Carry Passengers
When the average person hears the term ‘commercial motor vehicle (CMV),’ they tend to think of large trucks hauling heavy loads. However, both Florida and federal regulations define a CMV as a vehicle that carries either goods or passengers, meaning that many more vehicles fall under these regulations than one might have previously thought…. Read More »
Is Third-Party Liability Possible In Tractor-Trailer Accident Cases?
Accidents involving tractor-trailers have the potential to cause severe injuries, or even fatalities. If a tractor-trailer driver can be proven negligent, both they and their employer may be held liable for any harm they cause to other road users. However, in some cases, it may be possible to establish liability on the part of… Read More »
RESIDENTIAL TREATMENT CENTERS, SOBER HOMES, AND WRONGFUL DEATH
Millions of people in the United States suffer from addiction issues, and an entire industry has developed specifically to help them overcome their figurative demons. Residential treatment centers and halfway houses, more commonly referred to as sober homes nowadays, play a major role in helping recovering addicts to reintegrate into society after seeking help…. Read More »
Florida’s Dangerous Instrumentality Doctrine In CMV Accidents
Over time, Florida has developed a legal theory known as the dangerous instrumentality doctrine (DI doctrine), most often seen in road accident cases. This doctrine holds that if a vehicle owner expressly allows another person to operate that vehicle, they are responsible for any damages caused by that person. Florida’s courts have expressly identified… Read More »
Explaining Florida’s Vicarious Liability Doctrine
Normally, when a person is sued in civil court, they must accept the court’s punishment if they are found liable for causing harm. In accidents involving commercial motor vehicles (CMVs), however, the driver of the vehicle in an accident may not be the only defendant facing liability under Florida law. Florida observes a common-law… Read More »
Can I Get Punitive Damages In A Tractor-Trailer Accident Case?
Accidents involving tractor-trailers are often very serious, being disproportionately more likely to cause serious injuries or deaths. If you are able to establish that the driver of the tractor-trailer was negligent, you may be able to recover money damages for the injuries that negligence caused. Some severely injured plaintiffs even try to recover punitive… Read More »
Tractor-Trailer Accidents In Blind Spots
Drivers of tractor-trailers have a difficult job, particularly given the large size and sluggish handling of many semi-trucks. There are many different types of accidents that can occur on Florida roads, with one of the most unpredictable being the crashes that occur while a road user is in the truck’s blind spots. While it… Read More »
Commercial Motor Vehicle Accidents & Negligence Per Se
Commercial motor vehicles (CMVs) and their drivers are subject to the same laws as most of the road users in Florida, and will face the same liability as would any other road user if they cause harm to someone else. One legal theory that is less commonly used nowadays, but can still help to… Read More »
Overweight Commercial Motor Vehicles Can Cause Accidents
Commercial motor vehicles (CMVs) are usually trucks or other conveyances designed to carry passengers or cargo, though the definition of what specifically constitutes a CMV will vary between jurisdictions. Florida’s definition of what constitutes a CMV has specific height and weight limits for a vehicle, but the state’s roads also have their own weight… Read More »
