Earlier this month, an appellate court in Florida issued a written opinion in a truck accident case involving an accident caused while the owner of the truck was present in the cab but not operating the truck. The court was required to determine if the truck’s owner should have his liability reduced under a state law that limits an owner’s liability to $100,000 when liability is based only on the fact that the owner loaned the vehicle to another person who negligently caused the accident. The court ultimately determined that the owner did loan the vehicle to the driver and limited his liability accordingly.
The plaintiffs’ daughter attempted to pass the truck owned by the defendant. As their daughter began to pass the truck, she was in a passing zone, but as she entered her own lane of travel, she was in a no-passing zone. When she crossed back into her lane of travel, she noticed another vehicle was stopped, waiting to make a left turn. She quickly applied her brakes and was able to stop; however, the truck behind her was not able to stop and rear-ended her. The plaintiffs’ daughter was killed in the accident, and her parents filed a wrongful death lawsuit against both the truck’s driver and its owner.
As it turns out, the owner of the truck had been driving but previously asked the passenger to drive while he took a nap in the back.