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 adjuster does not get to decide what percentage of fault a driver has in causing an accident, only a jury does.   The adjuster does not get to decide what insurance coverage is available, only a judge does.  I am not saying that the adjusters are intentionally defrauding people involved in car accidents but everything that they say in only their opinion.  So don’t take an insurance adjusters word for what your rights are, educate yourself and ask questions.  If you need help call me at (386) 255-4020.

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.

I am a life long Central Florida Resident and I am pround to call Central Flordia Home.   I am a graduate of Floida State University and Stetson Law School.   I will post blogs here from time to time on the subject matter of my practice.   I hope anyone who reads these posts will enjoy them and be informed at the same time.