There are many different goverment entities that are covered by this immunity.   Some examples are: counties, municipalities, legislature, judicial branch including the public defender and special taxing districts such as Halifax Medical Center.   All of these entities have employees and all of these employees have cars.  If a governement employee causes an autoaccident through negligence while in the course and scope of employment then sovereign immunity will apply. 

These are more complicated cases than dealing with a private individual who causes an accident.  There are more proceduaral requirments including filing a 768.28 notice with teh state.  If you have been involved in a car accident with a government employee and you have questions, dont hesitate to call.

The deceased man’s family brought a lawsuit to determine who was at fault for causing his death.   Was it the person who caused the original crash which caused the back up?  Was it the truck driver who slowed down without using brake lights?   Was it the deceased driver himself for not recognizing the stopped traffic in time?  

The trial court decided that the person causing the original crash could not be responsible for the subsequent death.  The court reasoned that the separation of time and distance were substantial enough to relieve the person who caused the original crash from liability.   Upon appeal of that decision,  the appellate court reversed the trial courts decision stating that a question of fact for the jury existed  as to whether the original crash and subsequent pile up on the interstate caused the drivers death.  The court reminded that large separations of time and distance are not enough standing alone to completely relieve the original driver for liability. 

Therefore, the case is back at the trial level and this Daytona Beach Personal Injury Attorney is curious to see how the jury decides.

The report says that the ailing economy is partially responsible for the decrease.  The downturn in the economy has resulted in less motorists on the roadways, less tourists on the road, and drivers traveling at reduced speeds in a effort to reduce fuel consumption.  

The reduction is also due to improved safety features in cars, law enforcement initiatives such as click it or ticket and tougher traffic laws  and penalties for law breakers.  I make my living representing the families of those killed in traffic accidents in Wrongful Death lawsuits.   I see first hand the devisation that traffic fatalities cause and I am proud of Florida for becoming a safer place to driver, regardless of the reason.

The driver said that he swerved in an attempt to dodge a large animal in the road.  However, a witness said that the truck had been swerving from lane to lane.   Although I rarely hear about 1,000 bags of sweet potatoes spilling out onto the road, semi trucks flip everyday spilling their loads onto Florida’s interstates.  When I drive on the interstate I am especially cautious, when a gas tanker pulls along side of me.   If a gas tanker flips,  there is potential for an extreme catastrophy. 

The transportation of gasoline on roadways is so dangerous that it may result in strict liabilty if a gas tanker crashes and causes harm.   Strict liability is a legal doctrine that says a person can be liable for damage even if the person was not negligent in any way.  Strict liability can arise when an individual is involved in an abnormally dangerous activity or an ultra-hazerdous activity.   There are certain factors to consider when determining whether or not an activity is abnormally dangerous, but one can see that putting a truck filled with thousands of pounds of gasoline onto the interstate system has the potential for horrible consequences.

I believe that a gas compay should be held liable for injuries caused by an exploding gas tanker regardless of whether or not the driver actually did anything wrong.  Simply putting the tanker on the roadways is so dangerous that if an accident happens the gas company should be held strictly liable.