Semi-Truck Sought In Palm Beach Hit & Run
In late July, an alleged hit-and-run accident happened on the I-95 exit ramp toward Palm Beach Lakes, where a sedan collided with a commercial vehicle (CMV). The sedan lost control as it rounded the curve of the exit, striking the back of the CMV. The sedan driver was pronounced deceased at the scene, with the passenger being taken to a nearby hospital with ”incapacitating” injuries. However, the driver of the CMV apparently left the scene without providing any kind of identifying information. If they are found, potentially serious consequences may result.
A Potential Civil & Criminal Offense
The average person who has never been involved in a crash before may not realize that leaving the scene of an accident can be a crime in Florida, to say nothing of potential grounds for a civil lawsuit. Florida drivers and other road users are understood to have a duty toward other road users, requiring that they exercise reasonable care toward others’ safety. Leaving the scene of an accident directly flouts that duty, and accordingly, a person can then be sued for their lack of care.
In some cases, leaving the scene of an accident can also lead to a finding of negligence in civil court. If a person is convicted in criminal court of that offense, it can be used as proof of what is known as negligence per se. Negligence per se happens when a person causes injury to a member of a certain class by breaking a law to protect that class, and what it means in the long run is that if a plaintiff can establish negligence per se, the court will hold that a defendant was negligent as a matter of law, with no further discussion required.
Drivers Must Remain At The Scene
Another potential reason why someone might leave the scene of an accident, aside from simply wanting to avoid culpability, is that they may not think remaining is necessary if no one appears hurt. While this is erroneous – Florida law requires that anyone involved in any accident where injury or significant property damage occurs must remain on the scene and wait for law enforcement – it is possible that an uneducated driver might think there was no reason to remain.
In reality, even if a driver bears no liability for causing the accident, they must remain on the scene of any crash where injury, death, or property damage occurs if they are involved in any way. Failure to do so may result in criminal charges for the driver, and potential civil liability for the driver – and, if certain criteria apply, possibly for their employer as well, based on a theory of what is known as vicarious liability. Vicarious liability holds an employer liable for the torts of their employees if they are found to be acting within the ‘scope’ of their employment.
Contact A Tampa Commercial Vehicle Accident Attorney
If you have been involved in a road accident involving a commercial vehicle, know that they are, in most ways, just like any other defendant in that their driver can potentially be held liable for your injuries if their negligence played a role. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help answer any questions you may have about your legal options. Call our office today to schedule a free consultation.
Source:
wptv.com/news/region-c-palm-beach-county/west-palm-beach/authorities-seek-help-locating-semi-truck-involved-in-west-palm-beach-fatal-hit-and-run
