Rafael Gandoy and Armando Melendez were struck by a semi-truck on SR60 in Mulberry, Florida on February 24, 2020 according to news reports in The Ledger. It was reported that the semi-truck crossed over the solid white fog line and into the bicycle lane on a curve near Coronet Road. The passenger side of the semi-truck struck the pedestrians. The happened at approximately 8:21 p.m.
Advice For The Families
Our condolences go out to the families impacted by this accident. It is a tragedy when people so young lose their lives. Considering that the news reports indicate that the semi-truck driven by Francisco Botello-Hernandez crossed over the solid white fog line, there is a large degree (if not 100%) of legal liability that will likely fall on on Mr. Botell0-Hernandez and his employer for this accident.
Here’s what the family needs to know about semi-truck accident cases:
First, federal motor carriers are required to have at least $1 million in liability insurance. Federal motor carrier licenses and insurers can normally be verified online in order to speed up the claim process.
Second, both the driver and the driver’s employer are going to be legally responsible for this collision. There may be other parties in some circumstances. Further investigation into liability is needed to determine the extent of all liability. This is called vicarious liability.
Third, even assuming that the pedestrians were not facing traffic as they were walking, there is little opportunity for the trucking company to argue that comparative fault is to blame when the truck leaves the lane of travel. Comparative fault may be argued by the insurance company but should be met with litigation in the event of a failure to offer policy limits.
Fourth, truck insurance often comes in the form of a single combined limit. That means that a single limit must be split among all claimants. The alternative is to investigate assets beyond the insurance policy for possible collection.
Fifth, the value of the two wrongful death cases may be different due to the fact that one may have medical bills and liens to repay while the other does not. Depending on the amount of bills paid by health coverage, lien resolution may be needed.
Sixth, there is a no-fault death benefit under virtually all automobile insurance policies that should apply.
Seventh, uninsured motorist benefits would apply in the event of a tender of policy limits.
Talk A Lakeland Semi-Truck Accident Attorney About Your Case
Legal help is a must-have for a family needing to take on the insurance company in any semi-truck accident. At Russo Law, we offer a free consultation to provide advice on what you should do and how to get the maximum value out of your case. Call us today to schedule your free consultation with a Lakeland semi-truck accident attorney.