Claiming limited visibility due to dense fog, Rafael De La Fuente, 26, crashed his truck into a tan Nissan that was nearly stopped due to the inclement weather on Interstate 75. The truck hit the Nissan from behind, causing it to slam into another car, a Suzuki. The Nissan then spun nearly 100 feet from the site of the truck accident.
The driver of the Nissan, Luis Barcelo, 78, was critically injured, while passenger Oderta Herrada Rosada, 74, received minor injuries. First responders rushed both to a nearby hospital. Barcelo passed away 10 days later, on January 31, 2011. Neither the truck driver nor the five people in the Suzuki were injured.
A dense fog advisory had been issued by the National Weather Service when the accident occurred. A dense fog advisory indicates that "visibility is reduced to 1/4 mile (1320 feet) or less." The National Weather Service recommends reducing speed during a dense fog advisory to avoid rear-end collisions. De La Fuente did not notice the traffic had slowed to a crawl, he told the Florida Highway Patrol, and did not have time to stop before hitting Barcelo's car.
Truck Drivers Have Obligation to Slow Down in Hazardous Conditions
A semi-tractor truck can weigh up to 80,000 pounds and can cause devastation when in an accident. Under federal law trucks must exercise extreme caution while driving in dense fog or any other condition that causes reduced visibility or traction. If conditions are bad enough a driver must stop the truck entirely until the situation improves. Any truck driver that does not exercise extreme care in a hazardous environment and injures someone could be negligent. When a person dies due to the negligence of a person or legal entity, the family of the deceased may have a claim for wrongful death.
Other common causes of truck accidents include distracted driving (such as cell phone use while driving), overly fatigued drivers and failure to inspect the cargo. In some cases the company who employs the driver can also be held responsible. Trucking companies must load a truck so it is not too heavy, maintain equipment of the truck and use properly trained drivers.
If you or someone you know was injured in a truck accident, contact a Tampa attorney immediately. You may be able to get compensated for medical costs and other damages that occurred because of the accident. An attorney at the Florida law firm of Feldman, Fox & Morgado, PA, will be able to help you evaluate your claim. The law firm represents injured persons throughout Florida. If you live in Tampa, Ocala, Miami, Naples, Jacksonville, Fort Lauderdale or West Palm Beach, contact Feldman, Fox & Morgado after your truck accident.
