• February 08, 2019

James Garnett, Daisy Garnett Killed in Charlotte County, FL, Truck Accident

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.

Map of the Area

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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