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February 19, 2018

A Brevard County, Florida deputy died last weekend when his patrol vehicle was hit by a semi-truck. According to the Florida Highway Patrol (FHP), the 32 year old deputy was on his way to work in Viera, driving southbound on Interstate 95 just north of State Road 50, when he was hit by the semi-truck carrying car parts.

Although the incident is still under investigation, FHP believes it was caused when the tread on the semi-truck’s front left tire separated. The tread then wrapped around the axle, causing the driver to lose control of the vehicle. In reaction, the driver immediately steered left, hitting the back of the patrol car.

Investigators say that it is still too early to know whether or not the driver of the semi-truck will face charges, but that it seems that the crash was an accident. However, this does not mean that the surviving family members of the deceased deputy don’t have the right to seek compensation. Although typically one would have to show negligence on the part of the driver in order to be able to sue for damages, because this case involved a commercial truck, things are slightly different.

First, any surviving family members (i.e., spouse and children) would have to file a Florida wrongful death action. The purpose of Florida’s wrongful death statute is to compensate family members who depended on the deceased for income and stability. Second, assuming that the driver did not act negligently, the family members would likely file their action against the owner of the truck. Their argument would likely be that the company was negligent in the maintenance and repair of their vehicle – specifically the tires – and that as a result of this negligence, the tread came loose and caused the accident and the death of the deputy.

If successful, the family could receive compensation for:

  • The value of the support and services the deceased had provided
  • Loss of companionship and guidance
  • Mental and emotional pain and suffering
  • Medical and funeral expenses

To learn more about Florida’s wrongful death statute, contact the Law Offices of James O. Cunningham, P.A. today.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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We have 15 convenient office locations around Central Florida to better serve our auto accident clients.

15 Florida Locations

Orange County:
Orlando, FL

500 Delaney Avenue #404
Orlando, FL 32801
Phone: 407-425-2000

Seminole County:
Lake Mary, FL

300 International Parkway #100
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County:
Kissimmee, FL

17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County:
Daytona Beach, FL

1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

Volusia County:
DeBary, FL

465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Volusia County:
Deland, FL

120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County:
Inverness, FL

110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County:
Lakeland, FL

1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Polk County:
Winter Haven, FL

325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County:
Tampa, FL

100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties:
The Villages, FL

3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County:
Mt. Dora, FL

Mt. Dora, FL
Phone: 352-436-4696

Lake County:
Clermont, FL

3721 S Hwy 27, Suite A
Clermont, FL 34711
Phone: 352-503-4674

Brevard County:
Titusville, FL

506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Brevard County:
Cocoa, FL

96 Willard Street, Suite 206
Cocoa, FL 32922
Phone: 321-757-1373

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  • I was involved in a motor vehicle accident where the other driver ran a red light and my car was a total loss. I was referred to James Cunningham due to the fact that our attorney’s have been very impressed with James Cunningham’s work. This fact turned out to be very true… A Personal Injury Client
  • My car accident case was handled by Mr Cunningham and I was very pleased with how everything was done. He handles his own cases and his staff is top notch. He got me a very nice settlement without going to court. Derek
  • We contacted Jim Cunningham to help guide us through the "maize" of possible outcomes in settling with insurance companies, medical bills, and even police investigation with the accident. David
  • Cunningham worked hard was professional, supportive, diligent and always maintained contact. I am very satisfied with the service that him and his team provided. Mr Cunningham is a lawyer that will work for you. Dezhaun
  • I consulted with several attorneys, but as soon as I met James Cunningham, I knew he was the right attorney for me. He immediately expressed concern for my well-being, and his compassionate, professional manner put me at ease. Diane