Multi-Vehicle Dump Truck Crash on I-275
A recent crash on southbound I-275 caused one motorist to suffer serious injuries and the drivers of three other vehicles to suffer minor injuries.
The crash occurred on January 3, 2024, closing the interstate for about three hours. The crash was caused by a pickup truck driver not slowing down for stopped tracking ahead. The driver of the pickup hit a second pickup truck, resulting in both vehicle drivers hitting a concrete wall.
Upon impact, the second pickup driver ricocheted off the concrete wall and was thrown back into traffic, where the driver hit another passenger vehicle, going back into the path of the dump truck.
This caused the dump truck and the pickup truck to roll over. As a result, the dump truck spilled sand and diesel fuel onto the highway.
Elements of Negligence
The first pickup driver demonstrated negligence in not braking as traffic was slowing down. Negligence can be demonstrated through the following elements:
- Duty of care: All road users have a duty to drive responsibly and follow all traffic regulations
- Breach of duty: The pickup driver violated that duty of care by not slowing down for stopped traffic
- Causation: The pickup driver was both the direct and foreseeable cause of the other drivers’ injuries
- Damages: As a result, the other drivers have sustained measurable losses
Modified Comparative Negligence
Under Florida’s comparative negligence law, a person who is more than 50% responsible for any accident is barred from recovering damages. In many “domino” accidents, more than one driver may be found liable for the crash.
However, if an injured party makes a claim for damages and turns out to be 30% responsible for an accident, the individual’s compensation will be reduced by his or her degree of fault. For example, if an injured party makes a bodily injury claim for $50,000, but insurance determines that the individual was 30% liable for the crash, damages will be reduced by $15,000. So, the individual will only receive $35,000 in compensation.
In this recent accident, an investigation would be conducted to determine if the pickup truck driver or any other drivers contributed to the accident. Beware that the insurance company will strive to settle for less than your claim is worth. Having legal counsel will ensure that you are receiving fair compensation.
Statute of Limitations
With few exceptions, most motor vehicle accident claims must be filed within two years of the incident. If you wait longer than two years, your case will likely be dismissed.
This limitation period applies to most personal injury cases. In accidents as severe as the crash on I-275, fatalities are a strong possibility. If a wrongful death suit is filed, then the statute of limitations “clock” would begin ticking two years after the person’s date of death.
A Tampa Truck Accident Lawyer Fighting for You
If you are injured in a Tampa truck accident, you need legal representation you can depend on. Do not hesitate to contact a Tampa truck accident attorney at Matthews Injury Law today. Call or contact us online to schedule your free consultation.