Posted On: February 16, 2009 by Cohn, Smith & Cohn

Train Hits Semi Truck Stopped on Tracks, Spilling Valentine’s Roses

A train hit a semi truck stopped on the tracks in Florida’s Panhandle, spilling its load of Valentine’s Day roses but leaving everyone involved unharmed. Panama City’s WJHG reported Feb. 3 that the semi was stopped just north of Interstate 10, stuck behind a dump truck waiting to make a turn. Witnesses said the dump truck didn’t move even when traffic was clear, trapping the semi on the tracks. The impact damaged the train’s front and the semi’s trailer and spilled roses across the area, but fortunately, none of the four people involved were hurt. The dump truck’s driver left the scene; the Florida Highway Patrol is investigating.

Of course, not all of the facts are in that article, but the facts reported make it a strong possibility that the dump truck’s driver is legally responsible for the accident. If so, this story would be a great example of the fact that accidents can be caused by people who aren’t directly involved in them. We think of accidents as primarily the responsibility of people in the vehicles, but the actions of others behind the scenes -- other motorists, auto parts manufacturers, road maintenance workers -- can matter. In fact, experts believe very few accidents are entirely the fault of just one of the people involved.

Victims of serious Florida accidents may still sue for financial compensation even if they bear some responsibility for their own injuries. Florida law allows juries and judges in Florida trucking accident lawsuits to determine exactly what percentage of fault is borne by each person involved. If the victims are found to be partially at fault for their own injuries, any money they collect is simply reduced by the amount of fault they bear. For example, let’s say a jury deciding fault in the truck accident above awards the semi’s driver $10,000, but finds that he is 5% at fault. The semi’s driver would still be able to collect the jury award, but he would only collect $9,500, rather than the full $10,000.

The Hollywood law firm of Cohn, Smith & Cohn represents people throughout South Florida who have been seriously injured or lost a loved one in severe trucking accidents. When trucks hit cars, they frequently leave the people inside dead or with catastrophic injuries such as brain damage, paralysis and severe burns. If you or someone you love was hurt because of a trucker’s or trucking company’s carelessness, you have the right to hold them legally responsible for your bills and injuries with a Florida truck accident lawsuit. To set up a free consultation and learn more about your rights, you can contact Cohn, Smith & Cohn online.