The lawsuits that will be filed over the 70 car chain reaction crash near Lakeland, Florida will involve complex issues of legal liability. Certainly, there is evidence the workers for the Florida Fish and Wildlife Conservation Commission were negligent in allowing the controlled burn of brush get out of control causing the excessive smoke in the area. The State of Florida is likely legally liable for the smoke that was a contributing cause of the crash on I 4. The State of Florida’s legal liability is limited by caps on damages that only apply to the state under the doctrine of sovereign immunity. It is also possible the the State of Florida may be liable for failing to close the interstate once the burn got out of control and the smoke mixed with the early morning fog to cause the loss of visibility on the highway.
Attorneys will also be able to show that some of the drivers of the trucks and cars involved were partially at fault for failing to slow down sufficiently or stop when they saw the smoke. Each of the various segments of the 70 car chain collision may involve partial legal liability of different cars and trucks. Furthermore, those individuals who bring claims first may have an advantage by being able to demand all the insurance coverage from at fault vehicles and collecting it. It will be interesting to see how the Florida courts handle these issues. Most of the crashes occured in Polk County, Florida which includes Lakeland, Bartow, Lake Alfred, Polk City, and Haines City. Depending on the specific parties involved there could be legal jurisdiction for lawsuits in counties other than Polk County for some of the cases.
It is likely there will be some significant legal decisions involving governmental liability that will progress through the Florida courts for many years as a result of this horrific chain reaction crash.