The Perazzo Law Firm has learned, according to CBS12, that a crash early Monday on northbound I-95 in Martin County left a car wedged underneath the rear of a tractor-trailer, and, according to WFLX, that the Florida Highway Patrol’s website lists it as a fatality. 49 CFR § 393.86 requires rear impact guards on many trailers built since 1998, 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 crash involved one car and one tractor-trailer north of Indiantown Road in Martin County, and flames could be seen coming from the front of the truck. CBS12 also reports that authorities had not released how many people were killed or injured, and that one northbound lane reopened around 4:45 a.m.
WFLX reports the crash happened around 3:40 a.m. at mile marker 91, that the Highway Patrol’s website lists it as a fatality, and that drivers were forced to exit at Indiantown Road in Jupiter.
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 trailer’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.
Neither CBS12 nor WFLX says whether the trailer in Monday’s crash was covered by the rule, had a guard, or met the standard.
Evidence in a fatal truck crash claim
Evidence in a tractor-trailer crash claim can include:
- The official crash report and any scene photos or video.
- The trailer 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 trailer.
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.
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.