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Wrongful Death Litigation May Be Necessary After a Truck Accident

— January 17, 2023

Compensation will be based upon a review of property damage, physical injury, liability insurance coverages, and fault assignment.

A Florida Highway Patrol Trooper suffered minor injuries in a fatal Palm Beach County crash on I-95when a sedan changed lanes and veered into a tractor trailer causing the truck driver to lose control of the rig which rotated across all highway lanes and collided with the back of a marked patrol unit. After the collision with the patrol car the big truck veered off the roadway and overturned multiple times before stopping on a grass shoulder.  The 35-year-old truck driver suffered fatal injury at the scene. The Florida Highway Patrol is investigating the crash and the sedan driver and trooper suffered minor injuries.  

Fatalities caused by truck accidents in 2020 numbered 4,965 and decreased by 1% from the previous year, revealing that 71% of passengers killed were occupants of other vehicles. Tractor trailer truck accidents are catastrophic because of the size discrepancy between a big rig and a passenger vehicle, the cargo weight distribution, and the possibility of toxic spills, or fires when a commercial truck is carrying flammable liquids and pressurized gases. Accident victims who have suffered loss due to roadway damage caused by a big rig should consult with West Palm Beach truck accident lawyers to determine actions toward damage compensation.  

Damage recovery

Florida accident lawyers can assist victims as they file legal claims against the trucking company employing the driver, and/or the driver, maintenance personnel, and trucking parts manufacturers, depending on the circumstances of the accident and whether it was driver error or mechanical error. A professional lawyer will navigate further actions with insurance and in court filings when it is necessary to cover losses beyond insurance policy limits. 

Under Florida Statute 768 wrongful death cases have a two-year statute of limitations and the damages that can be recovered include:

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  1. Current and future lost support and services from the date of death and reduced to present value,
  2. Spousal and minor children loss of companionship and pain and suffering,
  3. Medical and funeral expenses related to the wrongful death,
  4. Other costs related to the loss of life.


The tractor trailer requires additional liability insurance under Florida Statute 627.7415.  Florida Statute 627.7415  State of Florida requirements are that motor vehicles must have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL); and certain trucks and commercial vehicles in the State of Florida must carry bodily injury liability protection against claims for personal injuries for victims of a truck accident. The extra insurance is necessary when a truck is of a certain gross weight; has three or more axels, owned or driven by a governmental entity, is used for interstate versus intrastate travel and/or carries a load that may be considered hazardous.

Contact a lawyer

Truck accident victims can file insurance claims in Florida, but under Florida’s No-Fault Insurance Law, costs incurred due to an accident will be paid primarily from a victim’s own insurance company to cover non-serious injuries. The Florida No-Fault Law requires drivers to carry PIP to pay the insured’s bills, regardless of fault, up to the limit of the $10,000. 

Compensation will be based upon a review of property damage, physical injury, liability insurance coverages, and fault assignment. A Florida lawyer who specializes in truck accidents will be able to assist with the burden of collecting and analyzing the data related to an accident that caused extensive losses near West Palm Beach Florida.


  1. Tractor-trailer driver killed; trooper injured in I-95 crash (
  2. Commercial Driver License – Florida Department of Highway Safety and Motor Vehicles (

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