A semi-truck driver died last weekend following a crash with another truck in Brevard County, Florida. The 61 year old male semi-truck driver was traveling on Interstate 95 just north of mile marker 223 when he rear ended another semi-truck directly in front of him.
Upon impact, the semi-truck driven by the 61 year old caught fire. The driver was pronounced dead at the scene.
The semi-truck that was rear ended was driven by a 43 year old male from Mississippi. That driver was taken to Parrish Medical Center and treated for minor injuries.
Because this accident involved two semi-trucks, any subsequent lawsuits will likely fall under Florida’s workers compensation statutes (which cover workplace injuries). However, this tragic incident could also serve as an example of a possible products liability case. Pretending that the semi-truck that burst into flames wasn’t owned by a company and thus is not covered by the state’s workers compensation laws, the fact that it burst into flames following an accident could be a sign of a possible defect in the truck or one of its components. If this is the case, then the driver would have grounds to file a products liability claim against the manufacturer of the truck or of the defective component. If the defect was caused by a negligent maintenance job, then the drive could have grounds to file a lawsuit against the maintenance provider.
Because the semi-truck driver died as a result of the accident, he clearly cannot file a lawsuit himself. However, according to Florida’s wrongful death statute, if the driver had any surviving dependents (i.e., spouse, children, etc.), then the driver’s right to seek compensation effectively passes to these surviving family members. Thus, they can file a lawsuit seeking compensation for the losses they have suffered as a result of the driver’s death.
If you or a loved one have been injured due to a defective product, you may have the legal right to seek compensation. To learn more about Florida’s product liability laws and wrongful death statute, contact the Law Offices of James O. Cunningham, P.A. today.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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