I-275 Truck Accident
A tractor-trailer carrying pre-formed concrete was involved in an accident on southbound Interstate-275 at Exit 46B (Dr. Martin Luther King, Jr. Boulevard). The accident happened at approximately 10:45 a.m. The semi-truck "jacknifed" causing the pre-formed concrete to fall onto the roadway. The truck driver claims that the load shifted on the trailer causing the accident.
Photos by Sgt. Steve Gaskins, FHP
Failure to adequately secure a load on a trailer is considered negligence. If that happens and you injure another person, cause damage to property, or damage the roadway, you may be held legally liable. In this particular instance, there is not a report of a collision with another vehicle or an injury to anyone. However, the public roadway may have been damaged to a degree as a result of this semi-truck accident. Florida has a statute on damage to the roadway. Section 316.560, Florida Statutes is below:
Any person driving or moving any vehicle or combination of vehicles, object, or contrivance upon any highway or highway structure shall be liable for all damages which the highway or structure may sustain as a result of any illegal operating, driving, or moving of such vehicle or combination of vehicles, object, or contrivance, whether or not such damage is a result of operating, driving, or moving any vehicle or combination of vehicles, object, or contrivance weighing in excess of the maximum weights or exceeding the maximum size as provided in this chapter but authorized by special permit issued pursuant to s. 316.550. Whenever the driver is not the owner of the vehicle or combination of vehicles, object, or contrivance but is so operating, driving, or moving the same with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any such damage. Such damage may be recovered in any civil action brought by the authorities in control of the highway or highway structure.
In this particular case, the "illegal operating" of a vehicle is careless driving under section 316.1925, Florida Statutes. For reference, "careless driving" in Florida is defined as a failure to drive in a "careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person."
If you have been injured or damaged as a result of a Polk County truck accident, please contact a Polk County truck accident lawyer for a free consultation.