Our Miami truck accident lawyers have found there are often a wide variety of issues that plaintiffs may face in personal injury or wrongful death litigation involving tractor-trailer accidents. Tractor-trailers belong to a unique class of vehicles that carry substantially more risks in operation. Accidents may not be limited to traditional vehicle collisions or pedestrian mishaps – as the case below illustrates, tractor-trailers may also be involved in unique situations that raise specific issues of liability.
In the case of L.E. Myers Co. v. Young, the Second District Court of Appeals in Florida considered the issue of whether a particular situation involving a tractor-trailer was inherently dangerous. The case resulted in a fatality, and the deceased driver’s estate sued for wrongful death. The defendant in the case was a company that was hired by the electric company to replace power poles in a specified area. The defendant hired a subcontractor to install four concrete poles measuring 85 feet long and weighing around 21,000 pounds along a particular street. On the day of the accident, the one of the subcontractor’s drivers drove a tractor-trailer to the worksite with one of the poles strapped onto the trailer. The pole was long enough to extend from the back of the trailer by several feet. The driver had to park the tractor-trailer on the should of the street and maneuvered the cab and most of the flatbed fully onto the street shoulder. However, the truck’s outermost left rear tire of the trailer rested on and slightly over the white line on the edge of the street. Continue reading →