A semi-truck struck a cement mixer on US17 in Winter Haven at the intersection with Winter Lake Road. The collision occurred at approximately 7:45 a.m. on March 9, 2017. The semi-truck was hauling a load of sand at the time of the collision and flipped on its side as a result of the accident.
Crash Scene Investigation
The Ledger reports that this accident began when the semi-truck (driven by Guillermo Rodriguez) suffered a mechanical malfunction while traveling southbound on US17 in Eagle Lake. The semi-truck then started go out of control and struck the cement mixer (driven by David Bentley) and another vehicle (driven by Amanda Holoey). Rodriguez and Holoey were taken to Winter Haven Hospital for treatment of minor injuries.
Damages Available In A Florida Truck Accident Case
Assuming that the injured driver did not cause the accident, anyone injured in a truck accident in Florida is entitled to claim past and future medical expenses, past and future pain and suffering (includes loss of capacity of enjoyment of life and other “noneconomic” damages), disability, inconvenience, lost wages, and loss of future earning capacity.
The trucking company who’s driver did not cause the accident can claim for damage to property, loss of use, and damage or loss of freight. To a business owner, the loss of use of a business vehicle may be a very big loss. For example, when a cement mixing truck gets damaged in an accident, unless the concrete business has extra trucks available then the loss of use of the truck may result in a loss of the job for the company.
Was Mechanical Malfunction Preventable?
The overarching question with this accident is why did it have to happen. The particular cause of the mechanical malfunction should be investigated to see whether proper maintenance could have prevented the malfunction from occurring. The trucking company is legally responsible to provide proper and timely maintenance for its vehicles on the roadway.
When an injury or property damage results from a trucking company’s failure to performed required or recommended maintenance to its trucks, the trucking company can be held legally responsible. There is an additional question of whether the truck driver (sometimes an employee of the trucking company and sometimes an independent contractor) reacted appropriately to the malfunction.
Contact A Lakeland Truck Accident Attorney
If you have been injured in a truck accident in Polk County, you should contact a Polk County truck accident attorney for help and legal advice for your case. You may need help getting access to doctors outside of the workers compensation system and you will need help negotiating a settlement with an insurance company with 7-figure policy limits. Contact an attorney for a free consultation on your case today.
— Amy Gehrt (@AmyGehrt) March 9, 2017