Wrongful Death caused by an Object Flying From a Truck

In September of 2008, a Florida jury returned a verdict in a wrongful death lawsuit in favor of a family and against a company that improperly loaded a truck. Because the truck was improperly loaded, a 34 pound metal plate flew out of the back of the truck and through the windshield of the car following the truck. The metal plate struck the 43 year old woman driving the car, killing her. It is not surprising that the jury returned a verdict against the company that loaded the truck and awarded money to the woman's family. The surprising part of the case is the fact that the jury decided the woman that was killed was 72% at fault for the accident. As a result, the amount of money awarded was reduced by the percentage of the woman's negligence.
It is unclear from the reports how the jury could have come to this conclusion. The reports of how the auto accident happened did not provide any description of the location and speed of the vehicles. So I cannot comment further on the jury's decision making process. However, I cannot imagine how someone that is driving along minding their own business could have any responsibility for not avoiding a metal plate flying out of the back of a truck, through the air, and through their windshield. It is simply not something the average driver would expect. Furthermore, it does not seem possible that the average driver's reaction time would be quick enough to avoid the object.
The result may be due to the success the tort reform movement has had in poisoning the minds of potential jurors. It also may be that there are facts not reported on that would lead anyone to the same result. Either way, the verdict demonstrates the uncertainty of trial by jury.

At Distasio Law Firm we handle wrongful death and auto accident cases.

Scott DistasioTampa Personal Injury Lawyer

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
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