The car accident lawyer in Miami, Jonathan Perazzo, knows that when someone dies in a crash involving a semi-truck, Fla. Stat. § 768.20 has the victim’s personal representative bring the wrongful death action, for the benefit of survivors and the estate. The Perazzo Law Firm has learned, according to CBS12, that a semi backing across SW Warfield Blvd in Martin County was followed by a fatal crash Wednesday night, November 4. Families with questions can call 888-PERAZZO or contact us ONLINE for a FREE initial consultation and Zero Out-of-Pocket Fees* to Clients.
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What was reported about the Warfield Blvd crash
According to CBS12, a Florida Highway Patrol report says the semi was backing south across all lanes when it entered the path of an eastbound Subaru Outback. The same report says the Subaru’s front struck the left rear of the trailer.
CBS12 reports that the Subaru’s driver, a 31-year-old West Palm Beach man, died at the scene. The sheriff said, according to CBS12, that the truck driver backed out instead of calling for help or getting a flagger. CBS12 also reports that the truck driver stayed, was interviewed, and was not in custody.
The FHP traffic homicide unit is leading the investigation and has 90 days to finish its findings, CBS12 reports. It adds that this was the fifth traffic death on Warfield in 2026 and that construction on FDOT’s planned widening is not expected until 2028. Until the findings are complete, this post does not suggest who was at fault.
How a Florida wrongful death claim works
- Right of action. Fla. Stat. § 768.19 makes a responsible party liable for a death caused by a wrongful act, carelessness, or failure to act, when the injured person could have sued had they lived.
- Who files. Under Fla. Stat. § 768.20, the decedent’s personal representative brings the action, for the benefit of survivors and the estate.
- Damages. Fla. Stat. § 768.21 lists what survivors and the estate may recover, such as lost support and services, loss of companionship, and medical or funeral expenses.
- Deadline. Fla. Stat. § 95.11(5)(e) sets a two-year limit for an action for wrongful death.
Our wrongful death page walks through the claim process.
Backing rules and comparative fault
As general law, Fla. Stat. § 316.1985 says a driver shall not back a vehicle unless the movement can be made with safety and without interfering with other traffic. A violation is a noncriminal traffic infraction. Whether that applies to any driver here is for the investigation to decide.
Comparative fault is a separate question. Under Fla. Stat. § 768.81(6), a party found more than 50 percent at fault for their own harm may not recover damages in covered negligence actions. Whether it applies to anyone here would depend on the facts the investigation establishes.
FAQ
Who can file a wrongful death claim in Florida?
Under Fla. Stat. § 768.20, the decedent’s personal representative brings the action, for the survivors and the estate.
How long does a family have to file?
Fla. Stat. § 95.11(5)(e) sets two years for a wrongful death action. Confirm the date for your situation with a lawyer.
How does an open investigation fit with a claim?
CBS12 reports the FHP has 90 days to finish its findings, while the limit in Fla. Stat. § 95.11(5)(e) is two years. A family can ask a lawyer early how the two timelines fit together and what records to request or keep.
Talk with the firm
If your family lost someone in a crash involving a commercial truck, call 888-PERAZZO or use our contact page to request a case evaluation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Miami Personal Injury Accident Attorney advertising. The Perazzo Law Firm, North Miami Beach, Florida. Every case is different, and no outcome is guaranteed.