Family of Trucker Killed in Deadly Crash Sues Florida Highway Patrol for Wrongful Death
The family of a truck driver who was killed in a deadly crash spurred by the pursuit of a fleeing suspect in St. Lucie County has filed a wrongful death lawsuit against Florida Highway Patrol and the estate of the police officer who led the chase and also lost his life that day. Both men were killed on Feb. 2, 2024, on Interstate 95 when FHP pursued a driver who was driving in a “reckless manner” and had an outstanding warrant for charges of assault with a deadly weapon.
While in pursuit of the suspect, the police officer performed a U-turn on the interstate and drove into the path of a semi-truck driven by the decedent. Both the police officer and the truck driver were killed in the collision. The suspect was taken into custody about 5 hours after the deadly car crash.
According to the family’s wrongful death lawsuit, the police officer “breached his duty of care and negligently operated and/or maneuvered the FHP vehicle, causing … the crash.” An attorney for the plaintiff says that the police officer is at fault for this accident. “He violated protocol. We feel bad for him and his family, but we have to take care of our own and what happened here is horrific.”
Elements of negligence
Fundamentally, this is a simple car accident lawsuit. However, because it’s been filed against the State of Florida, it is more complex than your typical personal injury lawsuit. Special provisions apply when you sue the government. There’s a limit on the amount of damages you can recover and special deadlines apply.
In this case, the police officer is being accused of operating his vehicle negligently. According to the plaintiff’s lawsuit, the police officer:
- Operated the FHP vehicle at an excessively high rate of speed
- Cut across several lanes of traffic without warning
- Failed to consider how his reckless pursuit of a fleeing vehicle could place the lives of the public in danger
- Continued his pursuit of the fleeing vehicle even after the vehicle cut across all southbound lanes of traffic and attempted a U-turn onto the northbound highway
- Disregarded FHP’s policies and procedures for pursuing fleeing vehicles
- Failed to avoid the crash into the plaintiff’s truck
- Failed to keep a proper lookout for vehicles, including the plaintiff’s truck
- Failed to follow safe and reasonable procedures and protocols for operating a vehicle in the State of Florida
- Was negligent and/or reckless for allowing the unreasonable pursuit of the fleeing vehicle to jeopardize the safety of the general public
The decedent’s estate is seeking damages in excess of $50,000. The decedent’s surviving son has been appointed the personal representative of the estate.
Talk to a Tampa, FL Car Accident Attorney Today
Florin Gray represents the interests of Tampa residents who have been injured by negligent drivers in car accidents. Call our Tampa, FL personal injury lawyers today to schedule a consultation, and we can begin investigating your case right away.
Source:
wptv.com/news/treasure-coast/region-st-lucie-county/semi-drivers-family-file-wrongful-death-lawsuit-against-florida-highway-patrol-after-deadly-crash
