Florida Tractor Trailer Drive Who Killed Four Gets Sentenced to 36 Years in Prison
A semi truck driver who was driving a gasoline truck that rolled over and exploded killing four people was cahrged with four counts of vehicular manslaughter in September of 2005, according to an article at SunSentinel.com. Earlier this week, he was sentenced to 36 years in prison. The vehciular manslaughter criminal charges were based on the allegations that the driver, Flavio Santisteban, was speeding and cutting off other vehicles while driving around a curve and transporting 9,000 gallons of gasoline on I-595 (the Florida Turnpike). Additionally, he had a significant record of driving vilations prior to the accident.
Although the article does not discuss the wrongful death lawsuit resulting from this crash, it is certain that the surviving members of the victims' family brought a lawsuit for damages against the driver and the trucking company who employed him to drive a semi truck. Considering the bad driving record of the semi truck driver along with the reckless driving casuing this particular crash, one issue that the plaintiffs' attorneys likely explored is whether the trucking company was negligent for hiring someone to drive a semi truck who was not qualified to safely do so. If the trucking company should have known that this driver4 was unsafe and unqualified based on his driving history and lack of driving ability, the trucking company would likely be additionally liable to the plaintiffs for the irrresponsible decision to hire the driuver and entrust him with a semi truck. Depending on how obvious it was that this driver was unqualified and unsafe, the trucking company could be liable for punitive damages as a result of this tragic crash. Punitive damages in personal injury and wrongful death cases are assessed as punishment and meant to deter a defendant and others from committing similar miscounduct (as opposed to compensatory damages which are meant to compensate plaintiffs for their losses).
