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$2,750,000

Commercial Truck Crash -- Rear-End / Vicarious Liability

Monroe County, Florida

About This Case

Our client was driving to work in Monroe County when a major commercial delivery truck rear-ended her vehicle with catastrophic force. She had slowed for traffic ahead. The truck driver did not. The impact launched her vehicle off the roadway. Emergency responders had to extract her from the vehicle.

The injuries were devastating. She sustained spinal injuries to the thoracic spine, including a burst fracture of at least one vertebral level. Thoracic burst fractures are among the most serious spinal injuries a crash victim can suffer -- the vertebra does not simply break, it shatters under extreme compressive force, with bone fragments capable of driving into the spinal cord. She underwent spinal fusion surgery to stabilize the fracture and protect her neurological function.

The liability picture was clear. The truck was operated in the course and scope of the driver's employment, making the company vicariously liable. Multiple theories were pursued against the corporate defendants -- vicarious liability, negligent entrustment, negligent hiring, and negligent retention -- ensuring every available avenue of recovery was pursued.

The case recovered $2,750,000.

This result was obtained by Adam Santana, Esq. prior to his joining Mausner Group Injury Lawyers.

How Lead Counsel Won

The liability was ironclad. A commercial truck driver who rear-ends a slowed vehicle with sufficient force to launch it off the roadway has no credible defense. The facts were documented and the force of the impact spoke for itself.

Multiple corporate defendants were pursued simultaneously. Beyond the driver, claims were brought against the corporate entities responsible for the truck under theories of vicarious liability, negligent entrustment, negligent hiring, and negligent retention. Pursuing every available theory against every available defendant maximizes pressure and maximizes recovery.

The injuries demanded full value. A thoracic burst fracture requiring emergency extraction and spinal fusion surgery is a catastrophic injury. It is the kind of injury that changes every aspect of a person's life -- their ability to work, to move, to care for themselves, to live without pain. Building a complete damages record around that reality drove a $2,750,000 result.

Recovery
$2,750,000
Case Type
Commercial Truck Crash -- Rear-End / Vicarious Liability
Location
Monroe County, Florida
Injury
Thoracic Burst Fracture / Spinal Fusion Surgery / Emergency Extraction
Outcome
Settled
Legal Issue
Negligence / Respondeat Superior / Vicarious Liability

Frequently Asked Questions

Can I sue a commercial trucking company if its driver rear-ended me?

Yes. When a commercial truck driver causes a crash while operating within the scope of their employment, the trucking or delivery company is vicariously liable for the driver's negligence. You can bring claims against both the driver and the company. Commercial carriers are typically insured for substantial policy limits.

What is a thoracic burst fracture?

A burst fracture is a severe spinal injury in which a vertebra shatters under extreme compressive force -- such as the force of a high-speed rear-end collision. Unlike a simple compression fracture, a burst fracture sends bone fragments in multiple directions, creating a risk of spinal cord injury or compression. Burst fractures of the thoracic spine typically require surgical stabilization and fusion to protect neurological function and prevent further injury.

What is spinal fusion surgery and what does recovery involve?

Spinal fusion is a surgical procedure in which two or more vertebrae are permanently joined using bone graft material and hardware -- rods, screws, or plates -- to eliminate motion at a damaged spinal segment. Recovery involves hospitalization, a period of restricted movement, physical therapy, and long-term monitoring. Fusion at one or more thoracic levels can permanently alter a patient's range of motion and functional capacity.

What is negligent entrustment and how does it apply to commercial truck cases?

Negligent entrustment is a legal theory holding a vehicle owner liable for entrusting a vehicle to a driver who posed an unreasonable risk of harm to others. In commercial truck cases, this theory allows plaintiffs to pursue the company directly -- not just vicariously through the driver -- by establishing that the company knew or should have known the driver was unfit, incompetent, or otherwise posed a danger.

What is the dangerous instrumentality doctrine in Florida?

Florida's dangerous instrumentality doctrine holds that the owner of a vehicle -- including a commercial delivery truck -- is liable for damages caused by anyone operating that vehicle with the owner's permission. This doctrine significantly expands recovery options in commercial vehicle cases by allowing direct claims against the vehicle owner regardless of the employment relationship.

What should I do immediately after a crash involving a commercial truck?

Call 911, seek emergency medical attention, and contact an attorney as quickly as possible. Commercial carriers dispatch accident response teams immediately after a crash. The sooner you have legal representation, the sooner evidence is preserved, witnesses are identified, and the carrier's version of events is challenged.
This case result reflects a specific set of facts and circumstances and is not a guarantee or prediction of outcome in any other matter. Past results do not guarantee future performance. Every case is different. This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Mausner Group Injury Lawyers PLLC is a Florida law firm. 

About Mausner Group Injury Lawyers 

Mausner Group Injury Lawyers is a Miami-based plaintiffs' personal injury firm representing seriously injured clients across Florida and beyond. The firm handles auto and truck crashes, maritime and boating accidents, premises liability, negligent security, medical malpractice, wrongful death, and other serious injury matters statewide. Mausner Group's attorneys are trial-ready from day one and pursue every available defendant and insurance dollar on behalf of clients who deserve full compensation. 
Office: 25 SE 2nd Avenue, Suite 808, Miami, FL 33131 
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