Defense Secures Complete Verdict in Wrongful Death Liability-Only Truck Accident Trial in Pasco County

CSK Defense Team
Tampa Partner Howard Scholl
Tampa Associate Lowell Brown

Case Summary
This liability-only case arose from a fatal traffic accident in 2022 in Pasco County, Florida. The Defendant, a commercial truck driver operating a semi tractor-trailer hauling fuel, attempted a left turn across a multi-lane roadway under a flashing yellow signal to access a nearby expressway. As the truck completed the turn, it was struck by a passenger vehicle, resulting in a catastrophic collision.

The Plaintiff, acting as personal representative of the Decedent’s estate, alleged that the Defendant failed to exercise reasonable care and could have avoided the crash. The matter proceeded to a highly contested five-day jury trial limited to liability.

Defense Strategy
The CSK Defense Team, in partnership with co-defense counsel,  focused on establishing that the Decedent’s conduct was the primary cause of the collision. Evidence showed the passenger vehicle was traveling at an excessive speed and that the driver had alcohol in his system, impairing his ability to react.

While the Plaintiff relied on dash-camera footage and argued the Defendant had a clear opportunity to avoid the crash, the defense emphasized real-world driving conditions, reaction time limitations, and the reasonableness of the Defendant’s actions in executing the turn.

Outcome
After deliberation, the jury returned a verdict finding no legal liability on the part of the Defendant. The jury concluded that the Decedent was more than 50% at fault, resulting in a complete defense verdict.

This outcome highlights the significance of comparative fault in complex roadway cases and underscores the effectiveness of a defense strategy grounded in objective evidence and practical driving realities, even in tragic circumstances.

Special Thanks to the Tampa Team
Paralegal/Legal Assistant Christine Jurski
Legal Assistant Heather Akridge