When truck accidents occur on large highways, the damage to property and vehicles nearby is often catastrophic. An accident where a large semi truck ended up hanging off of an overpass on Interstate 95 resulted in the death of one person who was trying to help remove the truck and secure the area.
Truck almost falls off of overpass in Boca Raton
A truck was involved in a crash on an I-95 overpass early on a Wednesday morning near Congress Ave in Boca Raton. After the collision, the truck was hanging off the side of the overpass and was about to fall onto the road below. A 69 year old male tow truck worker arrived at the scene shortly after the accident. He was trying to help get the truck upright in order to prevent further damage or injuries when he fell from the overpass and died instantly. The Florida Highway Patrol determined that the truck driver initially collided with the median, which caused the secondary collision on the side of the exposed overpass. The truck driver was given citations for an improper turn and driving beyond his allowed hours limit.
All of the southbound lanes were closed for several miles, and traffic was backed up all the way to the Delray Beach exit for a number of hours after the incident.
What legal remedies does the family of the deceased man have?
The man’s family can file a wrongful death claim against the company who hired the negligent truck driver. His rescue attempt was instigated by the initial accident, and he would have never fallen off the overpass if the accident had not happened. In legal terms, this satisfies the causation element of the lawsuit. This is true even if the truck did not directly cause his death during the crash, as it was still a proximate cause of the injury.
Good Samaritan laws in Florida like in all other states are designed to protect the person trying to render aid from liability, rather than the person responsible for the accident that caused them to respond. In other words, the legal immunity of a good Samaritan only applies to the person or people attempting to help at the scene rather than the person who created the initial problem.
There is a legal principle that states “danger invites rescue,” therefore people acting as good Samaritans after an accident are foreseeable plaintiffs. Especially in cases of reckless actions or intentional wrongful acts, good Samaritans can file lawsuits against the person or people who caused their rescue attempts through the situation they created. In the previous incident, the citations that were issued for the driver’s negligent actions may ultimately help the victim’s family in their wrongful death lawsuit, as these are evidence of improper conduct behind the wheel.
Keep in mind that the reasoning behind all tort law and personal injury claims is that a person should be able to hold those who caused their injuries responsible. This is true even when the law imposes liability in some unexpected situations.
A truck accident lawyer can talk to you now
If you have been involved in an accident with a truck driver, lawyers who specialize in filing lawsuits related to these incidents are available to speak with you about the possibility of representation. Oscar Syger, P.A. has offices in Boca Raton and Pembroke Pines. Mr. Syger has been practicing law in Florida for over 30 years and he offers free case evaluations to local residents.