Lake Worth Beach Postal Carrier Awarded $6M by City After Crash with Garbage Truck

The City of Lake Worth Beach recently will pay a postal carrier $6 million after her mail truck was rear-ended by a city garbage truck. The postal carrier was leaning into her vehicle attempting to retrieve mail when the garbage truck struck her mail truck. The mail truck was parked at the curb at the time of the accident.

The entire incident was caught on a surveillance camera. Jurors saw the garbage truck plow into the back of the mail truck as the postal worker was leaning into her vehicle. The postal worker can be seen leaning into her vehicle as the garbage truck slams into the back of the mail truck throwing the plaintiff forward onto her face and head. According to the lawsuit, the plaintiff suffered serious injuries as a result of the crash. Some of these injuries are life-altering and permanent.

Lawsuits against municipalities 

Sovereign immunity is a concept under the law that prevents individual citizens from filing lawsuits against government agencies or municipalities. You can, however, file suits against the government in the U.S. but only with its consent. In some cases, plaintiffs are allowed to move forward with their lawsuits. However, their maximum award is capped at $200,000 per person. In other words, the plaintiff can recover no more than $200,000 in a personal injury lawsuit filed against a Florida municipality.

There is only one way around this. You must file a claims bill with the legislature asking that your jury award be paid in full. In this case, the plaintiff was awarded $6 million by the jury for suffering permanent injuries as a result of the accident. The legislature then (hopefully) approves the claims bill, and the plaintiff recovers the full amount of their jury award. In cases like the one we see above, it is the usual course of action that the legislature authorizes the claim bill on behalf of the plaintiff.

Elements of negligence 

There wasn’t much for the jury to deliberate on in this case. The garbage truck driver slammed into a parked vehicle. It certainly wasn’t the fault of anyone associated with the parked vehicle. So, 100% of the negligence fell on the garbage truck driver for failing to see the mail truck and hitting it with his garbage truck.

Under the law, there is a concept known as respondeat superior or vicarious liability. It means that all employers are automatically liable for the conduct of their employees while they are on the job. They have a duty to ensure that their drivers are capable and when they cause an accident, they are liable for any injuries they cause. Hence, the City of Lake Worth Beach is responsible for this accident.

Talk to a Tampa, FL Personal Injury Attorney Today 

Injured in an accident with a commercial vehicle? The Tampa personal injury attorneys at Florin Gray represent the interests of plaintiffs in lawsuits filed against trucking companies or government municipalities. Call our office today to schedule a consultation, and we can begin investigating your case right away.

Source:

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