A historic inn near Orlando was damaged after a tractor trailer crashed into the side of the building. The Desert Inn was reported to be in tatters Sunday after a semi tractor-trailer carrying orange juice crashed into the building, causing most of it to collapse.  The site is included on the National Register of Historic Places in Florida, but has been closed for over a year leaving only the driver to sustain minor injuries as a result of the accident.  Charges were pending for the driver of the truck who said he could not see the roadway in the darkness leading up to the crash that led him off Highway 441.

Truck accidents.

United States highway statistics reveal over 500,000 truck accidents occurring every year and most of those are involved in multi-vehicle crash situations. Due to their size, braking distances, and maneuverability, once challenged in a roadway endeavor, trucks can cause expansive property damage and death, or catastrophic life-changing injury.

Claims for property damage.    

Legal claims may be made against the trucking company employing the driver, and/or the driver depending on the circumstances of the accident and whether or not it was driver error or mechanical error.  A professional experienced truck attorney will be able to help navigate further actions with insurance and in court, when necessary.

CDL licensure and driving records.

Drivers of big rigs and tankers must have proper training and licensure to handle and maintain their carriers in a safe manner.  It is the law to have a commercial driver’s license if you want to drive a load-carrying vehicle. When seeking compensation for the damages incurred after an accident, the status of a CDL and clean driving records will have some merit in a legal action where negligence will need to be proven.

Insurance.

The tractor trailer most likely required additional liability insurance under Florida Statute 627.7415.  Florida Statute 627.7415  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); and certain trucks and commercial vehicles in the State of Florida must carry bodily injury liability protection against claims for personal injuries for victims of a truck accident. The extra insurance is necessary when a 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/or carries a load that may be considered hazardous.

Accident victims can file insurance claims in Florida, but under Florida’s No-Fault Insurance Law, costs incurred due to an accident will be paid primarily from a victim’s own insurance company to cover property damage and non-serious injuries.  In this particular case, since the property damage was a dwelling, commercial insurance may have some bearing on the way the insurance damages are processed.

Determination of fault.

When a truck driver is found to be at fault for the accident that exceeds certain “no fault” thresholds, a separate legal claim can be lodged for expensive losses over insurance policy covered amounts.  This case may exceed limitations because of the building collapsing after the crash, but it will have to be worked out with insureds and insurance coverages of the driver and the building owner.

Contact an attorney.

Compensation will be based upon a review of property damage, liability insurance coverages, dwelling insurance coverages and the fault assigned to the truck driver.  A Florida personal injury attorney who specializes in truck accidents will be able to assist with the burden of collecting and analyzing the data related to an accident that caused extensive near Orlando Florida.

 

Sources:

https://www.dmv.org/fl-florida/suspended-cdl.php

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