Earlier this month, an appellate court in Mississippi issued a written opinion in a truck accident case involving two separate accidents. In the case, Ready v. RWI Transportation, the court ultimately affirmed a judgment in favor of the defendant truck driver, who had caused a collision about three-quarters of a mile ahead of where the plaintiff was injured when he slammed into the back of another vehicle that was stopped in traffic caused by the first accident.
A truck driver employed by RWI Transportation caused an accident when he made an improper lane change on the highway, colliding with another vehicle. Both vehicles were disabled as a result and came to a rest in the middle of the road, blocking traffic. A long line of traffic formed behind the accident.
Mr. Ready was driving toward the accident when he crashed his vehicle into a UPS truck that had stopped in the far-right lane due to the traffic caused by the accident up ahead. Ready then filed a personal injury lawsuit against RWI Transportation and its truck driver, claiming that the driver of the truck was negligent in causing the accident and that the initial accident was the cause of the subsequent accident between his vehicle and the UPS truck.
The defendants asked the court to dismiss the case, arguing that the subsequent accident involving Ready and the UPS truck was not a foreseeable consequence of the improper lane change that caused the first accident. The court agreed, and Ready appealed to a higher court.
The Appellate Court Holds That the Accident Was Not Foreseeable
The appellate court affirmed the lower court’s ruling, holding that the subsequent accident that resulted in Ready’s injuries was not a foreseeable consequence of the truck driver’s negligent lane change. The court explained that before a party can be held liable for an accident victim’s injuries, it must be established that the defendant owed the injured party a duty of care.
To establish a duty of care, the injured party must show that their injuries were a foreseeable consequence of the defendant’s behavior. Here, the court held that the actions of the truck driver were too remote in both time and distance to give rise to a legal duty. The court explained that, although the truck driver was negligent, the negligence “was too remote in the eyes of the law to be regarded as connected” to Ready’s injuries.
Have You Been Injured in a South Florida Truck Accident?
If you or a loved one has recently been injured in any kind of South Florida truck accident, you may be entitled to monetary compensation. However, before you are entitled to recover for your damages, you will be required to prove certain facts. A failure to prove even one element may result in your case being dismissed before it is even put before a jury. The skilled personal injury attorneys at the South Florida law firm of Cohn & Smith have decades of combined experience bringing all kinds of personal injury cases, and we know how to establish the necessary elements of all types of personal injury claims. Call 954-431-8100 today to set up your free consultation.
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Johnson & Johnson Seeks to Reverse $65 Million Baby Powder Verdict, South Florida Injury Attorney Blog, November 16, 2016.
Court Holds Case Arising from Injury Occurring While Transporting Plaintiff to Hospital Must Comply with Medical Malpractice Requirements, South Florida Injury Attorney Blog, November 2, 2016.