Crash Between Sedan & Tractor-Trailer Kills 1
In late 2023, a St. Petersburg woman was killed when her vehicle collided with a tractor-trailer in the southern area of the city. Not many details of the accident were released, but it was reported that the driver of the tractor-trailer sustained only minor injuries, being quickly treated at a nearby hospital and released. While it is impossible to speculate on any negligence, it is important to be aware that this type of accident does occur with relative frequency. It is unknown as to whether the deceased woman had any family, but if she did, they may have a claim against the tractor-trailer’s driver or employer over her passing.
Preserves A Cause Of Action
Wrongful death happens on Florida roads with sad regularity. State law defines it as a death being caused by another person’s “wrongful act, negligence, default,” or breach of warranty/contract where a person would have been able to maintain a civil action if they had survived. For example, the St. Petersburg woman would likely have been able to file suit against the tractor-trailer driver had she survived, but she did not – ergo, her next of kin have the right to seek compensation for her wrongful death.
To be more exact, the executor of the deceased woman’s estate would have the right to file suit against the tractor-trailer’s driver or employer, on behalf of any surviving family – usually a surviving spouse, minor children, or parents, though a case can sometimes be made for other relatives by blood or marriage who depended on the deceased. Generally, the more immediate the relationship, the easier it will be to receive compensation from a claim.
Act Fast To File
In order to establish a valid wrongful death case, a plaintiff must establish the standard criteria for negligence: the existence of a duty of care, the breach of that duty, a showing of actual injuries, and a showing that those injuries occurred as a direct result of that breach of duty. Tractor-trailer drivers, like all other road users, owe a duty of care to those who share the road with them – and while not every accident constitutes a breach of that duty, any crash that could be imputed to negligence usually will.
Be advised that it is, for better or worse, imperative to move quickly. Florida’s statute of limitations for a wrongful death case is only two years, meaning that a bereaved family only has two years from the date of their loved one’s passing in which to file suit. This may sound like a lot of time, but in reality, it can take months to even decide to seek compensation, though enlisting the right help can make your case move more quickly.
Contact A Tampa Tractor-Trailer Accident Attorney
While it is unknown whether there will be any legal action from the St. Petersburg woman’s family, tractor-trailer accidents can be sufficiently deadly that a wrongful death action may be appropriate. If you have been through something of this nature, calling a Tampa tractor-trailer accident attorney from the Rinaldo Law Group can hopefully get your family some closure. Contact our office today for a free consultation.