The Florida Highway Patrol is reporting one person died in the truck accident, a 38-year-old visiting from Iowa. Two others suffered critical injuries and eight others suffered moderate to minor injuries. In addition, two firefighters who responded to the scene also required medical attention.

The decedent was riding in the rear seat of a Lincoln Town Car that was rear-ended by the semi truck. That Town Car is alleged to have burst into flames upon impact. Decedent was declared dead at the scene. 

Witnesses said an Iraq War veteran who was nearby sprung into action to pull several victims from the seven vehicles involved in the horrific crash. His actions may well have saved lives and lessened injuries.

Investigators have not yet filed charges in the case, though they have said that action is likely, based on what they know so far. A statement released by FHP indicated that an improper lane change may have played a central role in the crash, though it’s not clear which vehicle made that improper lane change.

Typically anytime there is a rear-end collision, there is a rebuttable presumption that the driver in the rear is at-fault. There is a general understanding that vehicles ahead may need to halt abruptly. That’s why motorists need to keep an assured clear distance.

However, there may be some instances in which the driver in the rear could be cleared of liability.

The 2007 decision by Florida’s 3rd District Court of Appeal in Department of Highway Safety & Motor Vehicles v. Saleme established that a rebuttable presumption can be refuted if:

• There was a mechanical failure involving the rear vehicle;
• There is evidence of a sudden and unexpected stop or lane change;
• There is evidence that the vehicle struck was illegally stopped on the road.

Courts have been particular about how they apply these exceptions. For example, it’s not enough to show that the driver in the lead slammed on his or her brakes. It has to be both sudden and unexpected. That usually means a scenario like a vehicle stopped arbitrarily in the middle of a highway. But if, for example, the car ahead stops suddenly at an intersection because another driver is running a red light, that is not considered an unexpected scenario.

If the other driver presents sufficient evidence of one of these exceptions, then the court may consider comparative fault by that lead driver (or others).

Truck accident lawsuits in Florida tend to be more complicated anyway, which underscores the need for an experienced lawyer. While in most car accident cases, one would simply sue the at-fault driver, a collision with a commercial truck usually involves naming numerous defendants – the driver, the carrier, the truck owner, the mechanic and more. In a situation like this where multiple vehicles were involved, there may also be a number of other at-fault too.

Injured persons will also want to keep in mind that most auto insurance policies have a per-accident damage cap. Because so many people were injured in this crash, there will likely be multiple people vying for a piece of that insurance money.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Semi truck causes fiery 7-vehicle crash with fatality in Fort Myers, May 16, 2016, FOX 4

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Car Accident Lawsuit Names Snapchat as Defendant, May 3, 2016, Miami Car Accident Lawyer Blog

The tragic auto accident, which occurred in March 2015 at the intersection of State Road 78 and U.S. 27 in Glades County, was the subject of a year-long investigation and a number of changes to the intersection where the crash occurred. The conclusions of the report help to clarify the avenues of financial recovery victims may have.

All the people aboard the bus were from Fort Pierce and belonged to the Independent Haitian Assembly of God Church and were returning from a Palm Sunday celebration with a sister church in Fort Myers.

Local investigators determined early on that the 58-year-old van driver breezed through a stop sign, apparently not seeing it, before tearing across the four-lane highway and careening off the road and nosediving into a steep embankment before landing in a canal. The driver – one of only two people wearing a seat belt in the van – did not survive. Of the 10 who survived, all – including a four-year-old girl – were seriously injured. 

There were no other witnesses to the crash. In fact, the only reason help arrived was because one of the passengers was able to stagger to the roadside and flag a passing vehicle to call police.

Investigators also knew fairly quickly that the van was rated for safely carrying 15 people, and yet was carrying 18. A 2004 report by the National Highway Transportation Safety Administration (NHTSA) revealed car accidents involving these 15-passenger vans were more likely to be deadly due to the risk of rollover. That didn’t happen in this case, but investigators did learn the van was not properly equipped with seat belts, as the law requires.

The driver had an active class B commercial driver’s license good through 2019, had been medically cleared by his doctor per annual state requirements and appeared to be in good health. He was also familiar with this particular route. As far as his driving safety history, he had been cited for speeding three times in his driving history, the most recent in 2010, and he had a citation for careless driving in 2004.

As far as the van itself, there were no notable mechanical problems.

The intersection was equipped with all the legally required signage, though the Florida Department of Transportation (FDOT) did end up making some changes after the crash, per recommendations made by the NTSB. Those included: A larger stop sign, a flashing “stop ahead” sign, rumble strips and reflective markers along the canal.

As far as liability, it’s tough to know without having in-depth knowledge of all the details, but in general, we can say potential parties in this case might include:

• The estate of the driver/ driver’s insurer
• The church/ church’s insurer (both as owner of the van and employer of the driver)
• Victims’ underinsured motorist (UIM) carrier

In other situations, we might recommend exploring whether the manufacturer could be held liable for a defect and also the government agency responsible for road maintenance, but neither of those appear to have been an issue in this case.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040. 

Additional Resources:

Fatal Glades County Van Crash Report Released, April 12, 2016, By Michael Braun, News-Press

More Blog Entries:

Facts About Florida Car Accidents, April 8, 2016, Miami Car Accident Attorney Blog