Truck Driver Arrested in North Florida Semi Truck Crash That Killed Eighth Grader
The driver of a truck that rear-ended a school bus near Ocala last September was arrested and charged April 7 in the accident, the Gainesville Sun reported. Orlando resident Reinaldo Andujar Gonzalez is charged with vehicular homicide in the death of Frances Margay Schee, and with reckless driving with serious bodily injury to fellow student JaSena Humber. Their school bus was stopped to let children off when Gonzalez rear-ended the bus, causing a fire.
A spokeswoman for the Florida Highway Patrol said the agency believed Gonzalez had not rested enough and was distracted by a cell phone right before the crash. In fact, reports at the time said he had admitted to using his phone on the day of the crash, possibly to send or receive text messages, but refused to say exactly when. As I have written on this blog before, I am very interested in safety issues surrounding phoning and driving. If the evidence shows that Gonzalez was distracted by his phone in a crucial moment, it could be a strong blow in favor of more restrictive laws regarding cell phone use on the road.
In addition to the criminal charges, Gonzalez faces at least two lawsuits, filed by Schee’s and Humber’s mothers. Both women have also sued his trucking company and the company that leased Gonzalez his truck. This is not as far-fetched as you may think; in fact, it’s very common in Florida tractor-trailer accident lawsuits. Trucking companies and equipment suppliers may be directly liable for an accident if their equipment is faulty, or if they order or allow drivers to do dangerous things. They may also be vicariously liable for the actions of employees, under a legal doctrine saying employers are responsible for the actions of all employees who are carrying out their directions or duties.
In a Florida trucking accident lawsuit, seriously injured victims and their loved ones can claim the money they need to pay high medical bills, make up for lost wages and cover other costs directly caused by an accident. If you are in this situation and you’d like to know more, my firm, Cohn, Smith & Cohn, can help. To speak to someone about your case and your options at a free, confidential consultation, you can contact us online or call us at our main Broward County office at (954) 431-8100.
