The Perazzo Law Firm has learned, according to CBS12, that a car crashed into the rear of a box truck early Monday on northbound I-95 in Martin County and caught fire, and, according to WFLX, that the car’s driver was pronounced dead at the scene. 49 CFR § 393.86 sets rear impact guard rules for many commercial trucks and trailers, and Fla. Stat. § 768.20 lets a personal representative bring a wrongful death claim for the survivors. Families with questions can reach a truck accident lawyer in Miami at 888-PERAZZO.
What the early reports say
According to CBS12, the Florida Highway Patrol said a 2020 Honda Civic traveling north on I-95 in Martin County collided with the rear of a 2027 Hino box truck in the outside lane, and the Honda became fully engulfed in flames. CBS12 also reports that the Honda’s driver was pronounced dead at the scene and that the box truck’s driver was not injured.
WFLX reports the crash happened around 3:40 a.m. at mile marker 91 and that FHP had not identified the driver who died.
Neither report names a cause or fault. The investigation is open, and this post does not assess what caused the crash.
What federal law says about a truck’s rear guard
As general law, 49 CFR § 393.86 requires a rear impact guard on each trailer and semitrailer with a gross vehicle weight rating of 10,000 pounds or more that was manufactured on or after January 26, 1998. Under the same regulation, the guard must meet Federal Motor Vehicle Safety Standard 223 when made, and the installed guard must meet Standard 224.
- The bottom edge of the guard’s horizontal member may not be more than 22 inches (560 mm) above the ground at any point across its width, according to the rule’s text.
- The listed exceptions include pole trailers, pulpwood trailers, low chassis vehicles, special purpose vehicles, and trailers in driveaway-towaway operations.
A box truck is not a trailer. If the box truck in Monday’s crash is a commercial motor vehicle subject to the federal motor carrier safety rules, a different part of the regulation would apply to it: for motor vehicles other than truck tractors and a few listed types, paragraph (b) of 49 CFR § 393.86 requires a rear impact guard when the rear bottom edge of the body (or of the chassis, if the chassis is the rearmost part of the vehicle) is more than 30 inches above the ground with the vehicle empty. Under that paragraph, the bottom of the guard may be no more than 30 inches above the ground, and the guard may sit no more than 24 inches forward of the vehicle’s rear.
Neither CBS12 nor WFLX says whether the box truck in Monday’s crash is a commercial motor vehicle covered by the rule, had a guard, or met its requirements.
Evidence in a fatal truck crash claim
Evidence in a truck crash claim can include:
- The official crash report and any scene photos or video.
- The truck and its rear guard, inspected before repair or disposal.
- The truck’s electronic data, driver logs, and any dash camera footage.
- Maintenance and inspection records for the truck.
A written preservation request asks the company and others to keep this material.
The Florida Wrongful Death Act
Under Fla. Stat. § 768.20, the action is brought by the decedent’s personal representative, who recovers for the benefit of the survivors and the estate. Damages under § 768.21 can include lost support and services, a spouse’s loss of companionship, and medical or funeral expenses. A wrongful death lawyer can explain which apply to a given family.
The filing deadline is generally two years, under Fla. Stat. § 95.11(5)(e). Exceptions exist, so the deadline for any one family depends on its facts.
FAQ
Who files a wrongful death claim in Florida?
The decedent’s personal representative files it for the survivors and the estate, under Fla. Stat. § 768.20.
How long do families have?
The general limit is two years under Fla. Stat. § 95.11(5)(e). Exceptions exist, so confirm the deadline for your situation.
Does this post say who caused the I-95 crash?
No. Neither CBS12 nor WFLX reports a cause or fault, and the early reports may change.
Talk with the firm. Call 888-PERAZZO or request a free case evaluation. No attorney’s fee unless we recover for you*.
* No fee if no recovery. Our attorney's fee is contingent on a recovery, but you may still be responsible for court costs and case expenses, as set out in your written contingency fee agreement. Contingent fees are not permitted in all types of cases.
Truck Accident Lawyer in Miami Advertising. The Perazzo Law Firm has offices in North Miami Beach, FL and Atlanta, GA. Jonathan Perazzo, Esq. is responsible for the content of this advertisement. Past results do not guarantee a similar outcome. This post is general information, not legal advice, and no attorney-client relationship is formed by reading it. The incident description is based on early news reports and may change.