Articles Posted in Truck Accidents

Collisions involving tractor-trailers typically cause significant injuries, and people hurt in such accidents will often pursue damages from both the truck driver and the company that employed the driver in a civil lawsuit. Even if it appears that a trucking company’s or driver’s liability is clear, though, it is essential that any claims against them are properly pled; otherwise, a plaintiff’s claims may be rejected. This was established in a recent Florida ruling in which the court dismissed the plaintiff’s claims due to the vague and cursory manner in which they were pled. If you sustained losses in an accident involving a commercial truck, it is advisable to speak to a seasoned Florida truck accident attorney about your options.

The Accident

It is reported that the plaintiff was a passenger in a vehicle that was involved in a collision with a commercial truck owned by the defendant company and operated by the defendant driver. The plaintiff sustained significant injuries and therefore filed a lawsuit against the defendants in state court. The defendant company moved the matter to federal court and filed a motion to dismiss, arguing that the plaintiff had not pled facts sufficient to allow him to recover on his claims against the company. The plaintiff amended his complaint multiple times, and each time the defendant company filed a motion to dismiss asserting the same argument. The court then ruled on the matter, agreeing with the defendant and dismissing the plaintiff’s claims without leave to amend.

Federal Pleading Standards

Under the federal standards, a court faced with a motion to dismiss must assume that the factual assertions set forth in a complaint are true. Further, the court must draw all reasonable inferences in favor of the plaintiff. A plaintiff must still meet certain pleading requirements, however. Specifically, while the exact facts out of which the plaintiff’s alleged harm arose are not necessary, a complaint should nonetheless provide a defendant with adequate notice of the plaintiff’s claim and the circumstances out of which it arose.

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Over 15 million trucks operate in the United States alone. It is a rare day when you are driving on the highway and do not see a semi-truck or tractor trailer. Just recently in Naples, Florida, many people’s worst nightmare occurred on I-75: An accident involving a car and a semi-truck.

A woman in Naples was headed toward Fort Myers on Interstate 75 when she was hit by a semi-truck. The semi-truck unexpectedly veered into her lane, sideswiping her car. Thankfully, the semi-truck did not roll over on her car or she would have been killed instantly. However, her car was pushed into the side rail of the interstate and spun around.

The accident could have been much, much worse, but it still caused physical and mental injury—not only for the woman, but the semi-truck driver as well. As it turned out, the trailer had not been packed correctly by the loaders and the load had tumbled to one side of the trailer after hitting a pothole, causing the trailer to veer into the woman’s lane.

In the recent case of Panzera v. O’Neal, a man was killed in a fatal accident when he was struck by a large semi-truck on an interstate in 2011. The man had been trying to cross the interstate on foot. After the accident, the victim’s family brought a lawsuit claiming that the truck driver acted negligently in hitting the man. The plaintiffs also filed a lawsuit against the supermarket chain that employed the driver. In response, the truck driver and the supermarket chain filed a motion for summary judgment.

During the hearing on the motion for summary judgment, evidence was offered indicating that the victim had climbed over a chainlink fence to cross the dark highway immediately before he was killed. Evidence also showed that the man was wearing dark attire and that the accident occurred in the middle of the night, at roughly 3 a.m. During his testimony, the driver stated that he slammed on his brakes and tried to swerve away from the victim immediately before making the impact. Police officers testified to seeing long skid marks on the highway at the time they responded to the accident, corroborating the truck driver’s testimony that he attempted to avoid hitting the victim.

Evidence was also offered showing that the truck the defendant driver was operating had been equipped with a computer mechanism that limited the truck’s maximum speed to five miles under the speed limit. According to the computer records maintained for the truck, the vehicle decelerated immediately before it collided with the victim.