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Fatal motor vehicle accident leads to wrongful death lawsuit

Car accidents that lead to deaths of drivers and passengers will frequently be the source of lawsuits by surviving relatives under the provisions of the Florida Wrongful Death Act. Sometimes these actions are against the driver of the other vehicle; but responsibility can be established on a vicarious basis, too.

As an example, consider the recently-filed wrongful death action in connection with a multi-car fatal collision on Interstate Highway 75 near Pembroke Pines that led to two deaths and a third person being injured. Two cars and an 18-wheeler collided with a truck that had entered the freeway from a construction zone that had been established in the center median. The drivers of both of the passenger vehicles were killed. In addition to the two truck drivers, the wrongful death suit also names the companies that own both trucks, and alleges that the construction company that owned one of them mishandled procedures for entering and exiting the median-area construction zone.

Plaintiff's attorneys in personal injury and wrongful death actions should always examine the facts of the accident as well as the relationships among the people who were involved to ensure that all potentially responsible parties are identified and included in the lawsuit. In the case of commercial vehicles, this means finding ways to link the actions of the truck drivers to their roles as employees engaged in work activities, and possibly holding the truck companies liable in other ways, such as for defective maintenance or in this case improper work procedures.

Source: Sun-Sentinel, "Family of teen killed in I-75 crash files lawsuit," Mike Clary, June 11, 2015

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