West Palm Beach area crash claims the life of a man who was caught in the middle of a multiple car accident

Highways are always a dangerous place to drive, due to the fact that there are lots of vehicles moving at a high rate of speed in close proximity. When accidents happen on interstate roads, the potential for death or serious injuries is very high.

A fatal accident occured on Interstate Highway 95 south in Palm Beach County.

Man driving his vehicle on I-95 is killed in a large crash

The incident happened at around 1:30pm right near the Boynton Beach Ave exit. The victim was driving a 1992 Ford F350 pickup truck when a driver nearby swerved to avoid debris lying on the road. This movement caused a chain reaction crash that involved several vehicles. The 33 year old male pickup truck driver was pronounced dead on the scene, and at least 4 other local drivers from Broward, Miami Dade and Palm Beach counties all sustained minor injuries. The remaining victims were taken to Bethesda Hospital to receive treatment for various medical issues.

All of the southbound lanes needed to be blocked for several hours after the crash. A large box truck was also involved in the accident.

The Florida Highway Patrol started their investigation at around 3 pm, and debris and boxes were still all over the road. Photos from the scene showed all kinds of stray material nearby, and heavily damaged vehicles needed to be towed away. Initial reports from the FHP say that alcohol or intoxicated driving is not believed to be a cause of the collision.

Boynton Beach is located just south of West Palm Beach.

Fatal accidents in Florida

When someone dies in an accident, there is a wrongful death statute that allows their family members to file a lawsuit, even though the victim is no longer alive. This statute has some special rules that are slightly different from other civil lawsuits.

Usually a surviving spouse or child of the victim can bring the case on behalf of the person’s estate. This lawsuit will ask for costs related to funeral expenses, burial, medical treatment or hospitalization, the person’s future lost wages, and the value of other services they gave to their family and community.

Personal injury cases in general

Lawyers who focus their practice on personal injury law can file cases in the local civil courts, on behalf of injured clients. These are meant to recover various types of losses, usually related to healthcare and medical expenses. People who are permanently injured in an accident may be able to make a claim for a large sum of money to cover all of their continued expenses. However, it is always best to talk to a lawyer before attempting to estimate the value of any personal injury claim.

Frequently Asked Questions:

Who is held liable in a West Palm Beach “chain-reaction” crash involving road debris?

In a multi-car pileup, liability is often divided among several parties. Under Florida’s modified comparative fault rules, a jury assigns a percentage of blame to each party. However, if a claimant is found to be more than 50% responsible for their own injuries, they are barred from any recovery. A jury may assign blame to:

• The driver who swerved (if their maneuver was “unreasonable”);
• The driver of the vehicle that dropped the debris (if they can be identified);
• Drivers who were following too closely or speeding were preventing them from stopping in time.
  Identifying the “initiating” negligent act is critical. A West Palm Beach attorney will often hire an accident reconstruction professional to analyze tire marks and vehicle data to determine the sequence of impacts.

 Can I sue the government or a trucking company for debris left on I-95?

If the debris fell from a commercial vehicle, the trucking company can be held liable for failing to secure a load ($316.520, Fla. Stat.). If the debris was a known hazard that the Florida Department of Transportation (FDOT) failed to remove within a reasonable timeframe, you might have a claim against the state. However, claims against the government involve sovereign immunity limits and strict notice requirements that a lawyer must meet before filing a lawsuit.

What is the “Survival Action” vs. a “Wrongful Death” claim in Florida?

When a victim dies in an accident, Florida law allows for two distinct types of recovery:

• Wrongful Death Claim: Filed for the benefit of survivors to recover for their emotional pain, loss of companionship, and funeral/medical expenses.
• Survival Action: Under § 46.021, Fla. Stat., this preserves the deceased person’s right to sue for damages they suffered before passing, such as their own conscious pain and suffering between the time of injury and death.

If the at-fault driver has no assets, can the victim’s family collect from their own insurance?

Yes. If the driver who caused the chain reaction is uninsured or has low policy limits, the victim’s family can file a claim through the victim’s Uninsured/Underinsured Motorist (UM/UIM) coverage. In Florida, UM coverage “follows the person,” meaning it can provide a vital source of compensation for the estate and survivors when the negligent party’s insurance is insufficient to cover the high costs of a fatal accident.

How does the “Impact Rule” affect other drivers who witnessed the fatal crash but weren’t hit?

The four drivers with “minor injuries” in this Boynton Beach crash are clearly eligible for claims. However, witnesses who were not physically struck generally cannot sue for emotional distress in Florida due to the “Impact Rule.” Unless a person suffered a physical impact or falls under the narrow “bystander” exception (witnessing the death of a close relative), Florida law usually bars recovery for purely emotional trauma caused by witnessing a horrific accident on I-95.

Speak with a personal injury attorney in your city

There are lawyers in West Palm Beach who can consult with local residents in the aftermath of an accident. Smith and Vanture serve south Florida with professional advice and in court representation.