Three Seriously Injured After Van and Recycling Truck Collide on South State Road 7 in Davie

Early on the morning of Wednesday, October 21st, a van and a large recycling truck collided in the 4000 block of South State Road 7 in Davie. Three adults in the van were rushed to the hospital with serious injuries, and the recycling truck’s driver stayed at the scene and wasn’t taken to the hospital. All three northbound lanes were closed between Orange Drive and Oakes Road while traffic homicide detectives investigated. Police say the crash doesn’t appear to be criminal in nature, and little else has been released. 

Two things stand out to me in this news report. First, the fact that the report claims that the crash doesn’t seem to be a result of anything criminal raises additional questions as to why the crash happened in the first place. Second, a recycling truck being involved adds more nuance to the crash once insurance claims are made.

“Not Criminal” Doesn’t Mean “Nobody Was Careless”

Police haven’t explained what they mean, but using this phrase generally signals that investigators don’t currently see conduct that would support criminal charges. People sometimes hear that and conclude that nobody is responsible. However, a civil claim doesn’t require anyone to be charged with anything. It asks whether someone failed to use reasonable care and whether that failure caused the injuries, and a crash can be completely non-criminal and still be one where someone was careless. For three people with serious injuries, the question that matters isn’t whether anyone is going to court on a criminal charge. It’s what actually happened on that stretch of road.

A Recycling Truck Is Still a Commercial Truck, Even If It Never Leaves the County

A local recycling truck doesn’t cross state lines, so it’s easy to assume the federal trucking safety rules don’t reach it. In Florida, many of them do. State law applies the federal safety rules to commercial trucks operating only within the state, which cover things like driver testing, vehicle inspection and maintenance, and rules for how the truck is driven. The same statute carves out exceptions for some local operations, depending on things like weight and how far the truck travels, so which rules apply to this particular truck is something that has to be checked. A truck that size is held to standards that an ordinary vehicle isn’t.

Whose Truck Is It?

Municipal recycling is sometimes handled by a city’s own crews and sometimes by a private company under contract, and the difference matters. If the truck was run by a government employee on the job, claims are subject to the state’s limited waiver of immunity, including its cap of $200,000 per person and $300,000 per incident. A private company hired to haul recycling generally isn’t treated as the government, so those caps generally don’t follow it. Nothing that’s been reported says which this was, and it’s one of the first things worth finding out.

Disclaimer

This article is for general informational purposes only, reflects the author’s personal opinion based on public reporting, and does not constitute legal advice or create an attorney-client relationship. The facts presented may be incomplete or change as any investigation proceeds.