Florida Injury Lawyer Blawg
A Florida tow truck driver faces criminal charges after authorities say he hooked a car up to his vehicle and drove away while a 4-year-old girl was still inside, according to reporting from local media.
The 34-year-old tow truck driver was charged with one count of child neglect without great bodily harm, a third-degree felony, following the incident.
The incident happened Sunday while the car was parked in front of a restaurant. The owner of the car had been inside the restaurant for about two minutes when he realized his vehicle, with his young daughter still inside, was being towed, according to local media.
The girl’s father chased after the tow truck as it can be seen in surveillance footage speeding away from the area. The little girl allegedly fell from the car into the road where her father was able to reach her.
In court, the driver’s attorney said his client checked the vehicle at least three times and had a “partner” with him who also checked the vehicle. No child was found inside, they claimed.
His attorney said his client “doesn’t know how this came about.”
The girl suffered minor injuries in this incident.
Leesfield & Partners
Leesfield & Partners is a personal injury law firm with nearly five decades of experience handling cases on behalf of injured clients and grieving families. In that time, the firm has secured record verdicts and settlements throughout Florida and has become nationally recognized. Our skilled trial attorneys have been outspoken about improved safety measures within the state and have even gone on to help enact legislative change to ensure the protection of Florida tourists and locals alike.
In this case, despite the criminal charges filed against the driver, a court may still hold his employer vicariously liable under Florida law because he was acting within the scope of his employment when the incident occurred. Other claims that could be brought forth in this instance, depending on the factors, including negligent training or supervision, negligent policies or procedures.
Leesfield & Partners recently settled a case in which a company’s driver was involved in a fatal crash that forever changed the course of our clients’ lives.
“This settlement holds all negligent parties accountable for their role in the devastating crash, ensuring that the family’s immense pain and suffering is not overlooked,” said Trial Attorney Bernardo Pimentel II, who handled the case. “Our clients’ lives have been deeply impacted by this tragedy, and our hearts remain with them and their loved ones as they continue to heal.”
In that instance, our clients were driving with their two young daughters in the backseat when they came to a stop behind a tractor-trailer. Moments later, a car being driven by a delivery driver smashed into them from behind, causing a horrific crash.
Though the company attempted to claim that the driver was an independent contractor, Mr. Pimentel successfully argued that this driver was an employee and was acting within the scope of employment while he was driving that day.
“The defendants attempted to skirt liability through language specifically crafted to avoid classifying the driver as an employee, but we stood firm in proving otherwise,” Mr. Pimentel said. “Our clients have lived through every parent’s worst nightmare, and while no monetary amount can undo the damage that’s been done, this firm is proud to have held the responsible parties accountable for the negligence of their employee.”
Previous Cases
Previously, Leesfield & Partners handled a case involving a truck company whose employee was responsible for a tragic crash that injured two girls and killed one other. The three girls were on their way to the library when the truck driver made an illegal U-turn on the turnpike, turning directly into the girls’ path.
Leesfield & partners obtained an over $8.6 million settlement and a wrongful death arbitration award of $7,995,467.
A case involving another trucking company whose employee was in a crash that injured two Leesfield & Partners clients, the firm secured a $5 million recovery.
A $2.8 million recovery was obtained in a suit against a trucking company for a client injured by a commercial truck driver.
A motorcycle crash that involved the injury of our client due to the actions of a trucking company employee resulted in the firm obtaining a $2 million recovery for our injured client.
The firm also obtained a $1.8 million recovery for the family of a client who was killed in a tragic crash due to the negligence of a trucking company’s employee.
If you or someone you know was injured as the result of a crash on Florida roads, don’t wait. Call an attorney at Leesfield & Partners at 305-854-4900 today to see if you may be eligible for compensation.
