Saydat Sucknanan was injured in a Martin County, Florida crash yesterday. Steven Ramos, the driver of Sucknanan’s vehicle was killed. According to news reports, Saydat Sucknanan and Steven Ramos were traveling in a work van when, for unknown reasons, the van crossed the center line and crashed into a dump truck head on. News reports indicate that wind is being considered as a possible cause. Fortunately, the driver of the dump truck only had minor injuries.
As an Florida personal injury attorney, I can tell you that this truck accident, while a bit strange, is not uncommon. As a legal blogger, my purpose in writing here is to break down a case like this one into is most fundamental legal components.
Every case presents its own set of issues, and this truck accident is no exception.
In order to present a successful claim in court, a truck accident case must present an attorney with three fundamental things:
1) Proof that another party caused the accident.
2) Proof that the client was injured as a result.
3) The presence of an insured or otherwise “collectible” defendant.
Assuming the facts presented in the media are accurate, it would be clear that Saydat Sucknanan is clearly the innocent party in this accident.
As a passenger, she had absolutely no control over either vehicle.
Additionally, I think it is also fair to state that the dump truck driver also did nothing to cause this accident.
This leaves only Mr. Ramos.
Sadly, he was killed. Even more sad, is the possibility that the wind may have caused this accident.
Regardless, he was responsible to the passengers in his vehicle. For this reason, I strongly suspect that Saydat Sucknanan may have a valid claim to make against his auto insurance.
Sucknanan may be entitled to compensation for medical bills, pain and suffering, lost wages, and future disability.
Getting back to our three elements, it seems like the first element is present, since the facts reproted in the media make it seem like Mr. Ramos may be the responsible party, as the driver of the van that veered into on coming traffic.
Second, it is clear that this “veering” is what caused the accident that injured Saydat Sucknanan.
This leaves the third element: insurance and collectibility.
Assuming Ramos had adequate insurance, I think Sucknanan may be able to make a successful claim and the third element may be met.
The most important thing to recognize is the fact that a person lost their life in this accident. Giving him respect is the most important thing and in my opinion, should have nothing to do with the legal issues that a truck accident like this creates.
That said, injured people like Saydat Sucknanan are nonetheless left with injuries that require treatment. Truck accident injuries can be very serious and people like Saydat will require compensation to make things work.
Under Florida law, people in Saydat’s situation may be entitled to compensation to make things right and to help such a person deal with the practical problems a serious case like this causes.
My condolences go out to Mr. Ramos’ family and to Saydat Sucknanan who possibly lost a friend and coworker.