The family of a 21-year-old woman killed Tuesday in a semi-truck crash on Interstate 95 in Jacksonville is mourning her loss. Hannah Krajewski was behind the wheel of a Kia Optima struck by a semi-truck that was heading south on I-95 when it lost control about 5:45 p.m. Tuesday, her sister confirmed to News4Jax on Wednesday. Now, the deaths of Krajewski and a 23-year-old passenger are raising questions about safety along that stretch of road, which is currently under construction. Troopers said the truck driver was rounding a curve on I-95 near the Lem Turner Road off-ramp when he veered into a concrete barrier and struck the Kia, sending both vehicles crashing into a nearby guardrail. Krajewski and her passenger died of their injuries. The 65-yearold truck driver was not hurt.
Accidents Involving Large Commercial Trucks in South Florida
The trucking industry is one of the most important aspects of the US economy as it supports most grocery stores, retail stores, manufacturers, and logistics for online stores as well. Unfortunately, whenever a truck or tractor trailer used to transport goods is involved in a motor vehicle accident, the results are substantially worse than in motor vehicle accidents involving regular sized sedans and SUVs. In fact, every day we hear or read news regarding motor vehicle accidents involving large commercial semi-trucks or tractor trailers. The injuries commonly sustained in motor vehicle accidents are already quite serious but when a large semi-truck or tractor trailer is involved, the potential for fatalities is exponentially increased. If you or someone you love was hurt in a motor vehicle accident involving a large commercial truck, you may be entitled to compensation for your injuries including medical expenses, pain and suffering, lost wages, etc. If you or someone you love was injured or killed in a truck accident, there are multiple parties that may be liable for your injury or loss. To figure out who the responsible parties are or at a minimum, it is vital to figure out what caused the accident involving the large commercial truck. In most instances, a truck accident is caused by a negligent truck driver. Careless and high-risk truck drivers are those who rack up more driving violations than average drivers over any amount of time, who accumulate long records of driving violations if they have been driving for long enough, and who exhibit any number of driving behaviors that produce the net result of disregard for other road users.
Liability in Motor Vehicle Accidents Involving Commercial Trucks
In order to establish a prima facie case of negligence against a negligent truck driver, the injured party must establish the following elements: Duty, Breach, Causation, Damages. A truck driver owes a duty to all foreseeable plaintiff’s that may be injured by their conduct (for example, other drivers on the road). The standard duty of care is that of an ordinary prudent person under the circumstances. The breach of the duty had to have been the cause of plaintiff’s injury. Causation must be shown as the actual cause and the proximate cause of Plaintiff’s physical injuries. Next, the truck driver’s breach of duty must be a substantial factor in causing Plaintiff’s injuries. In determining whether there is causation we look to whether truck driver’s conduct was the cause in fact and the proximate cause of Plaintiff’s injuries. The plaintiff must prove that the truck driver’s actions were both the actual cause and proximate cause of their injury. In addition to actual causation, the plaintiff must also prove proximate causation, or legal responsibility. Most courts hold that an unforeseeable intervening cause is a superseding cause that therefore breaks the chain of causation between the defendant and plaintiff. Finally, the plaintiff must prove actual injury. In a negligence case, the court must enter judgment against each liable party based on a percentage of fault, not based on joint and several liability because Florida is a pure comparative negligence state. In traffic accidents involving commercial trucks, an injury victim can file a claim against the truck driver involved in the crash, the trucking company who owns the truck itself or both parties.
Contact a Lawyer for Your Truck Accident Claim
Personal injury lawyers help injured people receive fair and just compensation. Personal injury lawyers know how to gather evidence to support a claim, talk with insurance adjusters, and counsel their clients on how to avoid the common mistakes that people make when making a personal injury claim. The personal injury attorneys at Suarez & Montero have the resources and experience to successfully accomplish your goal of receiving maximum compensation for your personal injury claim. Our firm believes that the top priority for our clients should be recovering from their injury in order to return to their normal everyday lives. That is why we offer our legal services with no money down and no fees unless we are successful in recovering compensation in your case. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
We serve clients throughout Florida including those in the following areas:
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