Tractor-trailer crashes that involve pedestrians are particularly tragic. The tractor-trailer combination creates many blind spots for the driver. Even the safest, most reliable drivers cannot see every everything at all times, despite their specialized training, examination, and experience. Pedestrians must rely on their sense of self-preservation–if they are able in the moment– to avoid a collision. Notwithstanding, the drivers must understand and be ever mindful that pedestrians present a substantial danger. Tractor-trailer drivers’ inattentiveness can lead to disaster. The South Florida truck accident lawyers at Greenberg, Stone, & Urbano successfully represents truck crash victims and their families.
Many stories demonstrate the dangers of pedestrians and tractor-trailers quite clearly. In February of 2016, a pedestrian died after being run over by a tractor-trailer in Port Everglades according to the Miami Herald. The crash occurred at the Sun Terminal trucking company lot. The man who died was an employee of the terminal. The pedestrian was leaving work when the accident happened. The tractor-trailer driver pulled his rig into the terminal, near the guard shack, when the driver struck the pedestrian. The guard shack is located near the entrance to the terminal. First responders valiantly attempted rescue efforts but, unfortunately, they were not successful. Medical personnel pronounced the victim dead at the scene. The Broward County Sheriff’s Office traffic homicide investigators responded to the scene. While it is unclear who was at fault in the accident, one thing is sure: the survivability rate for a pedestrian struck by a tractor-trailer is small.
A recent court decision illustrates how people are easily hidden under or near the large vehicles. In 2008, a tractor-trailer ran over a man in Miami. The man wandered onto the property used as a staging area for a boat show. The boat show organizers stored many trailers in a yard on the property the boat show used for its showcase. The deceased crawled under a trailer and went to sleep. The subsequent autopsy revealed that the man who died was intoxicated and thus his ability to reason was impaired. The accident occurred while a boat show employee moved trucks around in the yard. The tractor-trailer driver connected the trailer to the tractor under which the deceased slept. The driver did not check his surroundings: he did not look to see if anyone was in or around the trailer before he tried to move it. The driver pulled the trailer forward, causing the wheels to run over the man.
The decedent’s mother filed a lawsuit alleging that the driver was negligent. She cited two compelling reasons why the boat show organizers and the driver were negligent: (1) by not having a look-out when the driver moved trailers around in the lot and (2) for not personally check the area to make sure that driving was safe. A judge dismissed the matter. The judge ruled that the boat show organizers and the driver were not liable because the dead man was drunk and trespassed on the property. Therefore, the court essentially said that the dead man caused his injuries because of his level of intoxication. The larger point is clear: inattentiveness by a tractor-trailer driver can be deadly. In the ordinary circumstance, that case could turn out differently. This case illustrates how easy it is for a driver to fail to see a pedestrian near the truck. While the driver, quite reasonably did not expect someone to be asleep under the trailer, the boat show organizers should have employed a look out to assist the driver with safely backing and turning in the lot.
Miami Truck Crash Attorneys Have A Combined 130 Years Of Litigation Experience
The truck accident attorneys at Greenberg, Stone, & Urbano have an enormous amount of experience representing victims and their families injured or killed by inattentive tractor-trailer drivers. Call the firm – to whom Martindale Hubbell gave an AV rating – today at (888) 499-9700 or (305) 595-2400 to schedule your free consultation and find out why the Miami Herald rate Greenberg, Stone, & Urbano as a top South Florida litigation law firm.
Ryan v. NATIONAL MARINE MANUFACTURERS ASSOCIATION, Fla: Dist. Court of Appeals, 3rd Dist. 2012