A dump truck was involved in an accident on I-4 past (west) the US27 ramp in Haines City on December 20, 2016. Two vehicles were involved in the accident. The accident caused the dump truck to flip over and catch fire. The photograph shows where the dump truck’s load came out on the center median. This accident looks to be about a mile away from US27. FHP is investigating this accident.
Improper Lane Change Or Improper Pass Involved
News reports indicate that the loaded dump truck was traveling in the outside lane when a 2015 Nissan Altima was attempting a pass and struck the rear end of the truck. Thereafter, the truck crossed over to the far left lane and flipped. The accident happened shortly before 7:00 a.m. The driver of the truck was Jason H. Brown who suffered minor injuries. The driver of the Nissan Altima making the pass was not identified but was transported to Lakeland Regional Health Medical Center with serious injuries. A loaded dump truck is top heavy and can flip over if the truck driver makes a sudden maneuver. Likewise, a sideswipe collision involving either the front or the rear of the dump truck could also cause it to flip over. This accident appears to be a result of the Altima driver’s negligence.
Dump Trucks Can Weigh 50,000 lbs. Or More When Loaded
A loaded dump truck, weighing up to 50,000 – 55,000 lbs. is a risk on the roadway and the drivers should be especially careful not to get into compromising situations. This type of “defensive driving” while behind the wheel of a truck can help keep a truck driver out of accidents. On the other hand, truck drivers who are in a hurry and push the limits of safe travel with a loaded truck cause risks to themselves and other drivers on the roadways. We know that time is money for truck drivers but it is a balancing act between the clock and being safe. Just one accident, regardless of who’s fault it is, results in far bigger losses than being late. This is why FHP says that it is far better to arrive alive but it is also better to arrive without damage and injury.
Truck Driver Has A Workers’ Compensation Claim And A Liability Claim
The truck driver in this case has a right to collect workers’ compensation benefits to pay for his medical expenses and time off from work due to the injury. If the truck driver has any degree of permanency as a result of this accident, the driver has a right to obtain a lump sump settlement from the workers’ compensation carrier. Likewise, this is also a liability claim. It is common to see policy limits in a case such as this one that are inadequate to cover the full amount paid by workers’ compensation. While the truck driver has a right to bring a liability case against the Altima driver, the workers’ compensation carrier has a right of subrogation or reimbursement from any settlement reached with the Altima driver. This is where a personal injury attorney can help. The work comp benefits are considered a “collateral source” under Florida law. This means that their right of subrogation is subject to reduction by a pro rata share of the attorney fees and costs incurred by the worker and any other factors that may have limited claim, such as limited policy limits under the Altima driver’s automobile policy.
Talk To A Polk County Truck Accident Lawyer
If you have been involved in truck accident in Polk County, please contact a truck accident attorney in Haines City, Florida for a free case review with Russo Law. If we believe that the other driver caused the accident or contributed substantially to causing the accident, then you have a case. You should have an attorney to help you with property damage and injuries.
— Lenore Devore (@LenoreDevore) December 20, 2016