A recent truck accident in the Miami-Dade area has left one driver dead and the other unable to recall what happened. But the man’s lack of memory may not spare him from the law or a wrongful death lawsuit if it is determined that he is at fault.
According to the Florida Highway Patrol, the truck accident happened when two tractor-trailers approached a flashing red light at the intersection on Northwest 138th Street and Okeechobee Road. A trooper reminded motorists that a flashing red light means the intersection is a four-way stop, and that all vehicles need to come to a complete stop, and at this point it’s unclear which truck ran the light.
In an interview with a local news station, the driver who survived said he had no recollection of the accident because he sustained a concussion. He does not remember if he stopped at the flashing red light.
In the collision, the other tractor trailer was sent flying through a concrete wall and into a canal. The driver was thrown from his vehicle, and his body was found floating in the water. The 48-year-old victim had two passengers in his truck, but both of them were able to survive.
Police have not been able to determine fault for the accident, so no citations have been issued yet. If it’s determined that the driver who survived is at fault, his lack of a memory will probably not be able to help him if a lawsuit is filed against him. If the other driver was the one found to have acted negligently, the living driver may file a lawsuit against the other’s estate.
Source: CBS Miami 4, “1 Dead In 18-Wheeler Crash On Okeechobee Road,” Oct. 30, 2012