Charlotte County, FL — February 7, 2019, James Garnett and Daisy Garnett were killed due to an accident where their vehicle collided with a commercial truck.

Florida Highway Patrol officials were called out to the accident scene early Thursday at the intersection of Route 31 and Bermont Road.

Troopers reported that 77-year-old James and 78-year-old Daisy Garnett were in a Kia Soul traveling along Bermont. At a flashing red light, they proceeded into the intersection. In doing so, police say they violated the right-of-way of a truck traveling along Route 31. This resulted in the truck rear-ending the car.

Both James and Daisy succumbed to their injuries at the scene. The truck driver was not injured in the crash.

At this time, the accident is still under investigation.

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Commentary

In these preliminary reports, police say that the victims failed to yield to the truck, causing the accident. A lot of people read reports like that and just assume that automatically puts them at fault. In reality, the law is far more complex than that. Many deadly truck wrecks involve multiple factors that contribute to the severity of the crash to varying degrees. It’s important that investigators look into these possible factors thoroughly to get a complete picture of how this accident could have been avoided.

For example, with a crash like this, it’s important to find out how fast the commercial truck was going. There is a phenomenon where large vehicles appear to be moving slower than they action are, especially when it’s still dark out and when it’s headed directly at someone. Because of this, a driver might think they have more room to safely turn than they actually do. Not only that, but a truck driver going over the speed limit gives themselves less time to react, and that could mean an accident is more severe than it would have been had they been driving the appropriate speed.

To be clear, I’m not saying that happened here, but I’ve successfully litigated hundreds of truck accidents over the years, many of which could have been avoided but for a truck driver traveling at reckless speeds. So jumping to conclusions about who’s at fault does nothing for the victims’ loved ones. The most prudent approach is to examine all possible factors and gather evidence. Maybe the evidence shows that police already know all there is to know, or perhaps new, crucial details come to light. Whatever the case, it’s important to know the full story.

–Grossman Law Offices

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Recent Comments to the Blog

Jason is back to work and is now playing Sled Hockey and wheelchair rugby!! Jason is the strongest and most amazing man! He may nly have 1/2 a leg, but that is ALL he is lacking!! Thanks to prayer and GOD and awsome first responders and Baylor doctors. Jason's wife, Sheila
— Sheila
I'm a former employee. I had brought up this exact scenario and suggested a maintenance procedure that would eliminate the possibility of this type injury. Obviously my warning went unheeded.
— Tophat
I was actually a couple cars back from this wreck, one of the first on the scene, and helped administer CPR on the victims. The truck driver was going way too fast, but it was actually his trailer that swung around and hit the suv, the semi-truck ended in the median.
— Leif Burton
I appreciate how you've commentated on this tragedy--informative, with questions, but not hurtful. I live within 30 mins of this crash site, and I am appalled at the entire situation :(. I can't even begin to understand what could have happened to make this come to fruition, but I will be keeping up with it so I can learn what investigations bring to light about how something awful like this could happen. Rest in peace, Thomas, Carolyn and Carolyn...
— Summer
I am Anthony Siffords daughter. im 13 and i miss my dad i just wanted everyone to know that he is in a better place now and i would to thank everyone for the support. i miss my dad but it was amazing to see how many people had been toughed by my dad god bless thanks for everything...
— Hannah Sifford
I am Rodney Palmer's sister-inlaw. I am amazed and grateful for all the heartfelt wishes and support for our family... It is difficult indeed to put our thoughts into words, but we very much appreciate your kind and helpful words at a time when these things mean so much. Losing someone as special as Rodney has been tough, but knowing the he has touched so many people's lives keeps my sister's strengthens our family.
— Maureen
A lot of people say smack about lawyers, but I want to say that I'm glad there is a way that people who are wronged by corporate neglect can get justice and force change. We are living in a world where corporations and govt care less than ever about common people, and I support your work. I hope I will never need your services.
— Martin Onasis
My friend Michael was the one who got hit by this train. This is the ONLY article I can find on it!! How is that possible? It happened almost 5 days ago! Thank you for actually caring about us "no name" people. I hope when more information comes in you will post it as soon as you can. Thank you again!! God bless you
— Leslie
Tony was the step Grant father and it's been hard for the whole family but we know he is in a better place now. It's nice to know that people are rasing awareness with my grandfathers story. Thanks, family and friends of Tony Wray.
— Mercedes Stanley
Thank you for posting these accident articles on your site. At the company that I work for, e deal with monitoring construction activity and work around trenches and all sorts of construction equipment/vehicles. I sometimes wonder if construction companies have enough safety training to inform employees of how to protect themselves while on the job.
— Erik Hofmann
I'd like to thank you for giving my cousin's death some type of recognition and letting our family know he is not a lost cause. Thank you <3
— Victoria

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