Tow Truck Driver Killed in Crash in Palm Beach County

According to a report from ABC 12 News, a tow truck driver was killed in a tragic crash in Palm Beach County. The vehicle reportedly slammed into a tree after the driver lost control. Sadly, the 54-year-old tow truck driver was pronounced dead at the scene of the crash. It happened near the 600 block of U.S. Highway 27 North in South Bay in Western Palm Beach County. Here, our West Palm Beach truck accident lawyer explains the options that the family of an employee may have after a fatal crash in Florida.

Starting Point: The Family May Have a Florida Workers’ Compensation Death Benefits Claim

If an employee is killed in a crash while acting within the course and scope of employment, the first legal option is usually a Florida workers’ compensation death benefits claim. This may apply even if no one can prove that the employer did anything wrong. Florida workers’ compensation is generally a no-fault system. The key issue is whether the fatal crash arose out of and occurred in the course of employment. Along with other things, covered death benefits may include funeral expenses, wage replacement benefits for eligible dependents, and certain educational benefits for survivors.

Limitation: Families should understand that workers’ compensation benefits may come with an important limitation: employer immunity. In Florida, workers’ compensation is generally the exclusive remedy against a covered employer for an employee’s work-related injury or death. That means the family usually cannot bring a standard negligence lawsuit against the employer.

A Third-Party Wrongful Death Claim May Also Be an Option

Workers’ compensation does not necessarily prevent the family from pursuing a wrongful death claim against a negligent third party. In a fatal truck crash, potentially liable third parties may include another driver, a trucking company that employed another driver, a broker, a shipper, a cargo loader, a maintenance contractor, a vehicle manufacturer, a parts manufacturer, or a government contractor responsible for dangerous road work. A third-party claim is fault-based. The family must prove duty, breach, causation, and damages. Unlike workers’ compensation, a wrongful death case may allow broader damages, including funeral and burial expenses, lost support and services, loss of love, loss of companionship, loss of consortium, and other damages.

Wrongful Death Claims Tip: The family should coordinate claims strategically. An attorney can help. Fatal work-related truck crashes often involve overlapping claims. The family may have a workers’ compensation death benefits claim, a third-party wrongful death case, insurance claims, probate issues, and possible lien or reimbursement disputes.

Contact Our Florida Truck Accident Wrongful Death Lawyer Today

At Pike & Lustig, LLP, our West Palm Beach truck accident attorneys are compassionate advocates for families. If your loved one was killed in a work-related truck accident, we are here to help you navigate the claims process. Call us today for a free case review. With an office in West Palm Beach and an office in Miami, our firm handles claims throughout Southeastern Florida.

Source:

cbs12.com/news/local/tow-truck-slams-into-palm-trees-splits-apart-in-deadly-western-palm-beach-county-crash-tow-truck-crash-stuart-driver-killed-palm-beach-county-crash-us-highway-27-south-bay-fatal-tow-truck-accident-terrence-martin-54-year-old-driver-lost-control-ve