A teenage girl was arrested last week for leaving the scene of an accident where another driver was pinned underneath a tractor trailer in Miami Florida.  All drivers have a moral and legal obligation to remain at the scene of an accident and give aid, if they know they have hit someone.  They must also cooperate with law enforcement and emergency management personnel when a crash occurs. Fleeing the scene of an accident places the driver in serious legal trouble, and in Florida it is a criminal offense.  Police identified the driver as 16-year-old Diamond McCloud and arrested her with charges that include fleeing the scene of a crash with serious bodily injury.

Identified hit and run driver through nearby building surveillance footage.

Resources that may be helpful in a hit-and-run case where the driver claims to be unaware that they caused an accident would be the use of security footage from nearby buildings, traffic cam reports, witnesses and other evidence that could reveal the driver’s actions after the victim was hit.  The footage may even be able to substantiate the claim that a driver was unaware they made impact with another vehicle or pedestrian.

Tractor trailer underride.

Drivers must know how to manage the cumbersome size and specialized controls in a tractor trailer to enable safe operation and maintain perimeter visualization of their surroundings and any blind spots they may have when traveling areas of  pedestrian or bicycle traffic. Crowded Miami highways, bridges and overpasses are a big factor for dangerous truck encounters and why the state makes the list of those with higher numbers of truck accidents out of the over 500,000 that occur each year.  In a multi-vehicle crash causing underride of a tractor trailer, investigation will have to determine if the truck was acting in a dangerous manner to cause the other driver the shortened ability to stop.  When a car hits the back of a tractor-trailer, a standard rear-end crash often becomes an underride crash, possibly the deadliest type of motor vehicle accident. While the installation of rear and side guards is not strictly mandated by the government, it is common industry knowledge that these devices save people from horrific crash outcomes. Perhaps a case against the truck driver for not having rear guards to prevent underride would impact them as a defendant in this scenario.

No fault.

Because Florida is a no fault state, expenses would first go through the victim’s insurance company.  In the event of a hit-and-run, criminal legal action against the driver is very common.  If the tractor trailer was a third party to the accident caused by the other two drivers, an experienced truck accident attorney could help establish a low-to-no percentage of fault for the accident, even though certain safety devices such as the rear guard could have reduced the ability of the second driver to become trapped underneath the truck.

Parties to legal action.

Multiple parties may be held accountable for their role in causing injuries, even if they are not the primary party at fault. That’s because Florida is a pure comparative negligence state when it comes to hit-and-runs.  Comparative negligence works by assigning responsibility in the form of a percentage to each party.

Seek effective legal counsel who have truck accident experience at the Law Offices of Orlando R. Murillo for a consultation regarding legal claims after an accident.

Orlando R Murillo P.A.
7350 SW 89th Street, Toscano Building
Suite 100
Miami, Florida 33156
Phone: 786-530-4288

Sources:

https://www.local10.com/news/2016/02/22/teen-injured-in-hit-and-run-crash-in-northwest-miami-dade/

https://flhsmv.gov/pdf/crashreports/crash_facts_2017.pdf