The Truck accident lawyers in Miami know that after a fatal crash involving a tractor-trailer, Florida’s Wrongful Death Act lets the decedent’s personal representative bring a claim on behalf of the family under Fla. Stat. § 768.20, generally within two years under § 95.11(5)(e). The Perazzo Law Firm has learned, according to WPBF 25, that a multiple-fatality crash closed northbound I-95 near the Martin County and St. Lucie County line, and that a tractor-trailer was involved per the Florida Highway Patrol’s website. Families with questions about a truck accident claim can call 888-PERAZZO or Contact them ONLINE for a FREE initial consultation.
What has been reported so far
The details below come from WPBF 25, in its report on the crash. The outlet has not reported a cause or who was at fault.
- Northbound I-95 was closed near the Martin County and St. Lucie County line, and traffic was diverted at Martin Highway, according to WPBF 25.
- The crash happened before Exit 114, north of Martin Highway and about half a mile south of Becker Road, and was reported at 11:07 p.m., per WPBF 25.
- The Martin County Sheriff’s Office, Martin County Fire Rescue and the Florida Highway Patrol (FHP) were on scene, WPBF 25 reports.
- A tractor-trailer was involved, according to FHP’s website as relayed by WPBF 25.
This post does not assign fault to anyone. Our thoughts are with the families who lost loved ones.
Who can bring a Florida wrongful death claim
Under Fla. Stat. § 768.19, a person’s death caused by another’s wrongful act or negligence can give rise to a claim if the person could have sued had they lived. Under § 768.20, “the action shall be brought by the decedent’s personal representative.” That person sues for the estate and for the survivors.
Survivors under § 768.21 can include a surviving spouse, children, and in some situations parents. Depending on who the survivor is, the statute lists lost support and services, companionship, mental pain and suffering, and medical or funeral expenses. For children, § 768.18 defines “minor children” as those under 25. Our wrongful death lawyer page covers the process in more detail.
The deadline
An action for wrongful death falls under the two-year period in Fla. Stat. § 95.11(5)(e). The statute contains exceptions, so the exact deadline in any case depends on its facts.
How long carriers must keep driver logs
Under 49 CFR § 395.8, a motor carrier must require drivers to record duty status and must keep those records for not less than six months. Whether any step to preserve records fits a particular case is a decision for an attorney.
Criminal and civil cases are separate
Any law enforcement investigation or criminal charge runs on its own track. A wrongful death claim is a civil action. The two are handled separately, and an attorney can explain how they may interact in a particular case.
FAQ
Who files a wrongful death lawsuit in Florida?
The decedent’s personal representative files it, per Fla. Stat. § 768.20. The representative sues for the estate and for the survivors.
Families with questions about a truck accident claim can call 888-PERAZZO or Contact them ONLINE for a FREE initial consultation.
How long does a family have to file?
Generally two years under § 95.11(5)(e), subject to statutory exceptions.
Does a family need to wait for the investigation to end?
Not necessarily. A wrongful death claim is a civil action separate from any investigation, and an attorney can explain how timing applies in a particular case.
Talk to the firm
If your family lost someone in a crash involving a truck, call 888-PERAZZO or contact the firm. This article is general information, not legal advice.
Truck accident attorney in Miami advertising. The Perazzo Law Firm, North Miami Beach, Florida. Prior results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.