Can the driver of a parked truck be sued after an accident in Tampa?

Truck accidents have the potential to be much more destructive than other automobile accidents due to the size and weight of the vehicles.

An accident involving a semi-truck took the life of a bus driver who was about to retire.

Driver collides with parked truck near Tampa

The crash occurred on Airport Road in Plant City just outside of Tampa as she was driving to work. Police believe that the truck driver had parked the large semitrailer in the eastbound lanes of Airport Road while he made deliveries nearby. They believe that the victim simply did not notice the truck parked on the road in the darkness of the early morning hours and crashed into it. Police did not charge the truck driver criminally or issue any traffic citations.

The victim was transported to a nearby hospital in Lakeland, but she died shortly afterwards of injuries sustained during the accident. She was known as a beloved bus driver for a local school district and she contributed to charities in the area. The morning when she was killed was her first day of work for the upcoming school year and she planned to retire when the academic year ended the following summer.

Lawsuits after fatal accidents

Lawsuits involving a death have some special rules. Obviously, the victim is no longer around to make a claim, but certain family members can file a lawsuit to be compensated for things like medical and funeral expenses, along with the person’s lost earnings.

The type of claim that a personal injury attorney can file on behalf of the victim is called a wrongful death lawsuit. This essentially means that the negligence or reckless behavior of the person responsible for the death of someone else is grounds for them to be subjected to a lawsuit.

Florida has its own specific rules related to wrongful deaths like every other state. These are mostly about the fact that only certain close family members such as spouses or children can make the claim, and it must be made within a short time period after the accident. This is why it is important to get legal advice shortly after any kind of tragic event that causes a death in the family.

Does the lack of charges or citations matter?

In the story above, the truck driver will not be charged for the death of the victim and the police did not issue any traffic citations. While this can be used as evidence by the defense in a trial related to the accident, it does not absolve them of all liability. It is merely one factor to be considered in the lawsuit. Keep in mind that civil and criminal issues are handled through separate court systems and cases arising out of the same incident are handled different by each sector of the law.

Talk to specialist lawyers in Florida

For help after a truck accident anywhere in the Tampa area, contact Larson Johnson Trial Attorneys. The lawyers at Larson Johnson have extensive experience dealing with issues related to all kinds of accidents and they can use their expertise to serve you.

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