Pedestrian Killed In Tractor-Trailer Accident

In the last days of December 2024, a tragic accident occurred in West Palm Beach, as a man pushing a wheelchair was struck by a tractor-trailer and killed while crossing the street. The crash occurred around 5am, and according to Florida law enforcement, the tractor-trailer had the green light, but the pedestrian attempted to cross regardless. While it remains to be seen as to whether anyone will take legal action against the tractor-trailer driver or their employer, it is important to know that this is an option for the surviving family of anyone who loses their life in a situation like this.

Seeking Compensation

If a person is injured in an accident involving a commercial vehicle like a tractor-trailer, they have the right to bring suit against the driver and any other actor that might have played a role in causing the crash. Florida requires drivers to carry a certain amount of personal injury protection (PIP) and property damage liability (PDL) insurance, but very often, an injured person must file suit in order to get their bills paid. If a person dies as a result of an accident like this, their next of kin may file a wrongful death suit on their behalf.

Florida law defines wrongful death as any death caused by the “wrongful act, negligence, default, or breach” of contract or warranty of another entity or person. This kind of action must be brought by the personal representative of the deceased person’s estate, but it can be brought on behalf of the surviving spouse, children, or parents. If the family of the deceased pedestrian wanted to file suit against the tractor-trailer driver, they would likely file a wrongful death suit.

Multiple Potential Defendants

In a standard wrongful death case, the plaintiff (or rather, the representative acting on behalf of the injured family members) seeks damages from the other driver directly. When a commercial vehicle is involved, the case will almost always become more complex because it is more common for multiple defendants to bear a share of the liability. For example, many trucking companies are found liable in accident cases, either due to poor maintenance of the tractor-trailer involved.

Be advised that these cases involving multiple defendants can be quite convoluted, particularly in the area of determining liability. Florida used to observe a legal theory called joint and several liability, which held that if multiple defendants were liable, the total amount of damages could be obtained from any defendant, but this is not the case now – meaning that each defendant’s percentage of liability must be carefully calculated. The right attorney can help streamline the process.

Contact A Tampa Tractor-Trailer Accident Attorney

While no amount of money can bring back a deceased loved one, it can help keep your family on its feet after their passing, particularly if the deceased was the family breadwinner. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help you hold a trucking company accountable. Call our office today to schedule a free initial consultation.

Source:

cbs12.com/news/local/man-pushing-wheelchair-struck-killed-by-semi-australian-ave-palm-beach-lake-blvd-tractor-trailer-crosswalk-wheelchair-west-palm-beach-police-department-december-29-2024