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. Fault may fall on a truck driver depending on actions taken by them during their travels when a person is injured or killed in a truck accident. Arturo Martin was driving a moped at NW 36th Street in Miami Dade County when he was hit by a tractor trailer that did not stop. When the driver was interviewed, he was not aware that he had hit anyone. 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 in Florida places the driver in serious legal trouble.
Resources that may be helpful in a hit-and-run case where the driver claims he did not know he hit someone 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 the driver did not know they hit someone.
Parties and fault.
In the event of a hit-and-run resulting in death, legal action against the driver is very common. If the driver was driving a commercial truck, drinking and driving, had mechanical problems in the vehicle, or there were dangerous changes to the roadway – these circumstances could identify other potential people to sue for damages. Employers can be sued if the driver was on the job in a commercial vehicle; a bar owner could be sued for servingthe driver; a garage or mechanical part manufacturer could be sued if it is found that a mechanical component or lack of maintenance caused the driver error; and if roadways were not maintained, a municipality may be sued. Multiple parties may be held accountable for their role in causing injuries, even if they are not the primary party at fault 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 legal counsel.
Seeking effective legal counsel with proven experience in truck accident cases is in your best interests to get the proper attention to your case, and a settlement for your wrongful death claim. Please contact the Law Offices of Orlando R. Murillo for a consultation after a fatal tractor trailer hit-and-run accident.
Orlando R Murillo P.A.
7350 SW 89th Street, Toscano Building
Miami, Florida 33156