An Improper Lane Change Kills 1
People on the road change lanes as a matter of course, often without thinking about it beforehand. However, one improper lane change led to a deadly crash in Marion County, leaving the driver of a pickup truck deceased after colliding with two tractor-trailers. The driver’s improper lane change led to his vehicle being in the path of the first tractor-trailer, and unfortunately, he lost his life because of it.
A Duty Of Care
Most accident cases involving large trucks are brought by the injured plaintiff under the legal theory of negligence. Negligence has four parts that must be established before a defendant can be held liable. They are:
- The existence of a duty of care toward the plaintiff (or the class of people plaintiff belongs to);
- A breach of that duty committed by the defendant;
- Actual injury, whether physical or otherwise; and
- A showing that the defendant’s actions (or lack thereof) were the direct cause of the accident, with no other intervening factors.
In Florida, each road user – whether in a car, a commercial truck, or on a scooter or walking – owes a duty to exercise reasonable care toward all other road users. An improper lane change can be seen as a breach of that duty, not least of all because Florida law establishes a standard of behavior for drivers, including lane changes and overtaking.
Vicarious Liability Is A Possibility
If you have been injured in an accident where an improper lane change is a possibility, it is understandable to wonder if you may have a case against the (allegedly negligent) driver. However, it is important to be aware that even if this is true, Florida law recognizes a concept called vicarious liability, which means that you may be able to seek damages not only from the driver, but from their employer as well.
Vicarious liability holds that if a worker commits a tort (the civil law version of a crime) while acting “within the scope of employment” – generally, if they are acting in furtherance of their employer’s business, or engaged in an errand for their employer, it will be held that they are acting in that capacity. If they are, an employer may be held liable for damages stemming from that tort.
Call A Tampa Tractor-Trailer Accident Attorney
While the outcome of the accident in Marion County was unfortunately fairly cut and dried, every tractor-trailer accident is different, and a Tampa tractor-trailer accident attorney from the Rinaldo Law Group is ready to assess each case as it comes. If you have questions or concerns about an accident case, contact our office today to schedule a consultation.
Source:
wftv.com/news/local/fhp-improper-lane-change-leads-deadly-i-75-crash/E4CBGBVW5RCJ7A65IOADLAABNE/
