Wrongful Death In Florida Tractor-Trailer Accidents

There is always a chance, however small, of being involved in an accident while driving, particularly on expressways, with their greater rates of speed and more common heavy vehicles like tractor-trailers. Sometimes, events simply happen in a way that results in injury or death to one or more drivers – but sometimes, injury or fatality can be laid directly at the door of a negligent driver. If you have lost a loved one due to someone else’s negligent driving, you may be able to recover compensation, even if the driver was a commercial employee.

Private Or Commercial Defendants

Florida’s wrongful death statute holds that any death caused by the “negligence, default, breach of contract or warranty of any person” where the decedent would have been able to mount a lawsuit against the negligent person if they lived can qualify as “wrongful,” which means that the surviving family can file a lawsuit seeking compensation for their loss. This definition does not exclude drivers of commercial vehicles like tractor-trailers, though it is more common to see wrongful death lawsuits filed against private individuals.

It is important to keep in mind that while Florida has a no-fault auto insurance system that requires one to make insurance claims instead of filing suit in most car accident cases, wrongful death cases may be filed in court instead. State law has an “injury threshold,” which means that if an injury or fatality is particularly significant and permanent, a person does not have to use their no-fault insurance and may skip to filing in court instead, seeking greater damages.  The injury to the decedent and their family is considered severe enough to lift the tort immunity.

Potentially Multiple Defendants

One major difference between seeking compensation after a crash with a private individual and seeking it in an accident with a commercial driver is that very often, it will be permissible to file suit against the commercial driver’s employer (or certain other defendants) in addition to the driver. If the tractor-trailer driver was ‘on the clock’ when the accident occurred, a case can often be made that their negligence was the responsibility of their employer, meaning their employer may be on the proverbial hook for the harm you have suffered.

There are several different ways that a tractor-trailer driver (and their employer) may be held accountable, including some that may render a defendant negligent per se – that is, ‘as a matter of law.’ What this means is that if a person breaks a relevant law by being negligent, the negligence is established as a legal fact, and the plaintiff does not have to specifically prove negligent behavior.

Contact A Tampa Wrongful Death Attorney

Losing a loved one is an event no one wants to contemplate, but if it happens suddenly, due to another person’s negligence, it can feel like salt in the proverbial wound. If you have been through this recently, a Tampa wrongful death attorney from the Rinaldo Law Group can offer compassionate and understanding representation during an incredibly difficult time for you and yours. Contact our office today at (813) 831-9999 to schedule a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.19.html