When a driver fails to stop for a traffic stop or breaks the law in some other way, a high-speed pursuit may be underway. Police officers may chase suspects at speeds in excess of 100 miles per hour.
This can be dangerous for others on the roadway. High speeds can cause loss of control and fatal crashes.
Sadly, this was the case in February 2024. A pursuit involving a fleeing suspect in St. Lucie County killed two people: a truck driver as well as the trooper chasing the suspect.
Nearly a year later, the family of the truck driver filed a wrongful death lawsuit against the Florida Highway Patrol as well as the trooper involved. The lawsuit was filed on December 27, 2024, in St. Lucie County.
The fatal crash happened on February 2, 2024, on Interstate 95 when Florida Highway Patrol pursued a driver they said was driving in a “reckless manner.” The driver had an outstanding warrant due to charges of assault with a deadly weapon.
The trooper pursued the driver, and in doing so, he performed a U-turn on the interstate and drove into the path of a semi-truck. Both the truck driver and the trooper were killed in the accident. The suspect driver was arrested and taken into police custody about five hours later.
The wrongful death lawsuit is blaming the trooper for the accident. The suit claims he breached his duty of care and negligently operated the highway patrol vehicle, causing the crash.
The attorney for the truck driver’s family alleges that the trooper violated protocol and the accident should not have happened. Other allegations against the trooper include:
- Operating the FHP vehicle at an excessively high rate of speed.
- Cutting across several lanes of traffic without warning.
- Lack of consideration for the lives of the motoring public.
- Continuing the pursuit of the fleeing vehicle despite reckless driving by the suspect.
- Disregarding FHP policies and procedures for pursuing fleeing vehicles.
- Failing to avoid crashing into the truck.
- Failing to keep a proper lookout for vehicles.
- Failing to operate a vehicle in a safe manner
- Jeopardizing the safety of the motoring public.
The 26-year-old trooper was a three-year veteran of the FHP. The Florida Police Benevolent Association defended the trooper’s actions, saying that he had “authorization to try and stop that car by any means possible.” His family is also fighting back, stating that he was “executing his lawful duties as a law enforcement officer protecting the public.”
Experts also defended the trooper’s actions. A man who was a former driving instructor for FHP and a nationally known expert on pursuit policies claims the trooper was acting within his policy.
The truck driver was not wearing a seat belt at the time of the crash. He was ejected from the semi-truck as it overturned onto its right side.
The suspect faces several charges. including two counts of vehicular homicide, felony homicide, two counts of felony homicide, two counts of murder during the commission of a felony, driving without a license causing serious injury or death, and aggravated fleeing to elude with serious injury or death.
The truck driver’s estate is seeking damages in excess of $50,000. The truck driver’s surviving son has been appointed the personal representative of his estate.
Proving a Wrongful Death Case
Proving a wrongful death case typically involves demonstrating that another party’s negligence, recklessness, or intentional act caused another person’s death. You will need to prove the following elements:
- Duty of care. You will need to show that the defendant owed a legal duty of care to the deceased. For example, drivers have a duty to operate vehicles safely.
- Breach of duty. You will need to prove that the defendant breached their duty of care through negligence, recklessness, or intentional misconduct. An example would be a police officer making a U-turn into traffic.
- Causation. You will need to establish that the defendant’s breach of duty directly caused the person’s death.
- Damages. You will need to demonstrate that the death resulted in specific damages, such as medical expenses, funeral and burial costs, loss of financial support, emotional suffering of the family members, and loss of companionship or parental guidance.
Proving these elements will require evidence. Evidence may require:
- Medical records to demonstrate the cause of death and any preexisting conditions.
- Police or accident reports to document the circumstances leading to the death.
- Witness statements to corroborate events or actions of the defendant.
- Expert testimony from medical, forensic, or accident reconstruction experts who can provide opinions on causation and negligence.
- Financial records to calculate economic losses like lost wages or benefits.
Contact Us Today
Police chases are often necessary, but the troopers need to act according to their policy. Dangerous activity can compromise the safety of other motorists, as seen in this case.
Negligence and reckless behavior can lead to fatal accidents and wrongful death cases. Get the help you need from the team at Brill & Rinaldi, The Law Firm. We will help you understand the path you should take as you face an uncertain future. To schedule a consultation today, call (954) 876-4344 or fill out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.