After the death of a man walking along a highway in Live Oak Florida, the truck driver was not charged.  Negligence is the base for a cause of action in a wrongful death claim and a lawyer can help with this determination.

 

While it is true that someone is injured or dies from a truck accident approximately every 16 minutes in the United States, not all of those accidents are the fault of the truck driver.  The very size of a truck, even traveling at a low and safe speed, can cause injury or death to a pedestrian.

Pedestrian accidents.

Accidents involving pedestrians can be the fault of a motor vehicle driver, a pedestrian, or shared between the parties involved.  It is not as common for pedestrian death occurring on a highway, as in the Live Oak accident, as it is for injury accidents at cross walks, due to drunk drivers, drivers failing to yield to pedestrians, distracted pedestrians, pedestrians who ignore crossing signals and pedestrians walking at night wearing dark colors.

If a pedestrian is illegally walking in an area that is designated unsafe for them to be there, the pedestrian may be 100% to blame for the accident. Those areas may include highways, bridges, train tracks and other areas where it is prohibited. In this situation, if death occurs, the family may not be able to recover for wrongful death compensation and damages.  In contrast, a driver may have some grounds to sue for any damage or injuries they have.

Families of people killed in pedestrian collisions incur damages related to funeral and medical expenses, loss of income, loss of enjoyment of life and pain and suffering and costs may be reimbursed from insurance companies or legal actions.

Compensation may come from insurance settlements.

Commercial Motor Vehicles must carry additional liability insurance required (Florida Statute 627.7415)  Florida Statute 627.7415  to cover combined bodily liability insurance and property damage liability insurance in addition to any other insurance requirements based in part on the weight of their truck

Mandatory Insurance. State of Florida requirements are that motor vehicles must have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL).

Bodily Injury Insurance. Certain trucks and commercial vehicles in the State of Florida must carry bodily injury liability coverage. This extra insurance may be necessary if the truck is of a certain gross weight; has three or more axels, owned or driven by a governmental entity, is used for interstate versus intrastate travel and carries a load that may be considered hazardous.

No-Fault Car Insurance. The Florida No-Fault Law requires drivers to carry the PIP and this no-fault coverage pays the insured’s bills, regardless of fault, up to the limit of the $10,000.

Statute of Limitations. Florida has a two (2) year statute of limitations for property damage, personal injury and wrongful death claims. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the two (2) year period following the accident.

Pure comparative Negligence (51% Rule).  Florida follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you.

Call Koberlein Law Offices to review your case for a legal claim after a pedestrian death.  Determining fault and negligence is a matter for those who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident.

Koberlein Law Offices

855 SW Baya Drive
Lake City, FL 32025
386-269-9802

8443 SW 14 Ln 
Gainesville, FL 32607
352-519-4357

Sources:

http://www.flsenate.gov/Laws/Statutes/2011/627.7415