The Perazzo Law Firm’s truck accident lawyers in Miami, have learned that, according to WPTV, citing the Florida Highway Patrol (FHP), that a crash between a left-turning semi-truck and an SUV killed a 60-year-old Vero Beach man in Indian River County. The crash remains under investigation, and no one has been found liable. A Florida wrongful death claim is filed by the estate’s personal representative under Fla. Stat. § 768.20, and a Miami truck accident lawyer can explain the options at 888-PERAZZO.
What FHP Says Happened
According to WPTV, FHP reported that the crash happened around 6:45 a.m. Thursday at 66th Avenue and 49th Street in unincorporated Indian River County.
- WPTV reports FHP said a Freightliner semi was making a left turn from a stop sign onto 66th Avenue.
- A Dodge Durango was traveling north in the inside lane of 66th Avenue, which had no traffic controls at the intersection, per WPTV.
- Troopers told WPTV the Freightliner entered the SUV’s path, and the front of the Durango struck the left side of the semi-trailer.
- WPTV reports the Durango’s driver died just after 8 a.m. at Holmes Regional Medical Center in Melbourne.
- WPTV reports the Freightliner’s driver, a 59-year-old Jacksonville man, was not injured.
These are FHP’s early findings as reported by WPTV. They may change as the investigation continues, and they do not decide who is legally responsible.
Who Can Bring a Wrongful Death Claim in Florida
Florida’s wrongful death statute, Fla. Stat. § 768.20, says the action “shall be brought by the decedent’s personal representative.” The family does not sue one by one. The personal representative files for the estate and for the survivors.
Under Fla. Stat. § 768.18(1), survivors are the decedent’s spouse, children, and parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. A mother’s child born out of wedlock is included, but a father’s child born out of wedlock is included only if the father has recognized a responsibility for the child’s support (Fla. Stat. § 768.18(1)).
What Damages Florida Law Allows
Fla. Stat. § 768.21 sets out what each group may recover, and the categories differ by relationship:
- Each survivor: the value of lost support and services (Fla. Stat. § 768.21(1)), and any medical or funeral expenses due to the injury or death that the survivor paid (Fla. Stat. § 768.21(5)).
- Surviving spouse: also lost companionship and protection, and mental pain and suffering from the date of injury (Fla. Stat. § 768.21(2)).
- Children: also lost parental companionship, instruction, and guidance, and mental pain and suffering from the date of injury (Fla. Stat. § 768.21(3)). Minor children, meaning children under 25 (Fla. Stat. § 768.18(2)), may recover these whether or not there is a surviving spouse; adult children generally only if there is no surviving spouse (Fla. Stat. § 768.21(3)).
- Parents: also mental pain and suffering: for a deceased minor child (under 25), from the date of injury; for an adult child, generally only if there are no other survivors (Fla. Stat. § 768.21(4); § 768.18(2)).
- The estate: through the personal representative, the decedent’s lost earnings from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest, and certain other losses; plus medical or funeral expenses due to the injury or death that have become a charge against the estate or that were paid by or on behalf of the decedent, excluding amounts recoverable under § 768.21(5) by a survivor who paid them (Fla. Stat. § 768.21(6)).
Whether any of these apply, and in what amount, depends on the facts. Nothing here predicts a result. A wrongful death lawyer can review the family’s situation.
Driver, Carrier, and Evidence
In a commercial truck crash, a claim can involve the driver, the company that employed or operated the truck, or both, depending on the facts. The reporting does not say who owns or operates the truck, and this post does not speculate.
Evidence also has a shelf life. Under 49 CFR § 395.8(k)(1), a motor carrier must retain records of duty status and supporting documents required under Part 395 for each of its drivers for not less than 6 months from the date of receipt. Part 395 applies to motor carriers and drivers except as provided in 49 CFR § 395.1(b) through (x); paragraph (e), for example, exempts certain short-haul drivers from § 395.8. Under Fla. Stat. § 316.302(1), owners and drivers of commercial motor vehicles operated on the public highways of this state while engaged in interstate commerce are subject to federal rules including Part 395, and, except as that section otherwise provides, owners and drivers of commercial motor vehicles engaged in intrastate commerce are subject to those rules as they existed on December 31, 2023. Because of those exceptions, the retention rule does not reach every truck. A written preservation request sent early asks a carrier to keep those records, though it does not guarantee that they will be kept.
The deadline is also short. Fla. Stat. § 95.11(5)(e) sets a two-year limit for a wrongful death action. A Florida truck crash attorney can confirm how it applies to a specific death.
Speak With The Perazzo Law Firm
If your family lost someone in a crash involving a commercial truck, call 888-PERAZZO or visit our contact page.
FAQ
Has anyone been found at fault in the Vero Beach crash?
No. WPTV reports the crash remains under investigation, and FHP’s account is preliminary.
How long does a Florida family have to file a wrongful death claim?
Two years, under Fla. Stat. § 95.11(5)(e). Exceptions can change the date, so confirm it with a lawyer.
Miami Personal Injury Accident Attorney Advertising. This blog post is general information, not legal advice. The Perazzo Law Firm, offices in North Miami Beach, FL and Atlanta, GA. Jonathan Perazzo, Esq. is the attorney responsible for this content. Past results do not guarantee a similar outcome.