Florida man killed in U.S. 23 semi crash in Monroe County

A 38-year-old Florida man died in Michigan on Monday afternoon after his SUV hit the back of a tractor-trailer on U.S. 23.

According to the Monroe County Sheriff's Office, the crash occurred on U.S. 23 near U.S. 223 in Whiteford Township and Monroe County at around 1:19 p.m. on Monday, June 29.

Paul DeVito, of Plantation, Florida, was driving a white 2021 Toyota north in the right lane. As he was driving, his SUV struck the rear of a trailer being pulled by a white 2024 Volvo tractor driven by 43-year-old Herney Pena-Fajardo of Massachusetts.

After the collision, the Toyota spun several times and DeVito was ejected. The SUV and DeVito came to rest in the ditch along the east side of U.S. 23, while the tractor-trailer came to a controlled stop in the right travel lane.

DeVito was pronounced dead at the scene. Pena-Fajardo was not injured and was released at the scene.

Preliminary investigation revealed both drivers were wearing seat belts at the time of the crash. The Toyota's air bags deployed. Alcohol is not believed to be a factor.

Northbound U.S. 23 was closed for more than two hours because of the crash but has since reopened, according to MDOT traffic reports.

Summerfield Township Fire Department, Whiteford Township Fire Department, Monroe Community Ambulance, Michigan State Police Motor Carrier Division, MDOT, the sheriff's office Victim Services Unit and the sheriff's office Chaplain Program assisted at the scene.

The crash remains under investigation by the Monroe County Sheriff's Office Traffic Services Division. Anyone with information is asked to call 734-240-7541. Anonymous tips can be submitted through Crime Stoppers of Michigan at 800-SPEAK-UP or 1800speakup.org.

Legal options after a fatal Michigan crash

Michigan is a no-fault state, but eligibility can be more complicated when a crash involves a driver from another state, a commercial vehicle or a death.

Personal Injury Protection benefits are generally available without regard to fault for car related injuries. In a fatal crash, no-fault issues may include medical expenses, survivor's loss, funeral expenses and replacement services.

A separate claim for noneconomic losses such as pain and suffering usually depends on whether Michigan's injury threshold is met. Claims for noneconomic loss can be made when an injured person suffers death, serious impairment of body function or permanent serious disfigurement.

For more background, read Michigan Legal Center's guide to Michigan car accident medical bills and PIP priority and Michigan wrongful death deadlines.

Semi crash legal issues

Semi-trucks are commercial vehicles, so crashes involving them in Michigan can mean separate liability claims against the driver in addition to Michigan no-fault law.

Commercial vehicle crashes can also raise company liability issues. Liability can change depending on training, supervision, vehicle maintenance, inspection records, driver conduct, dispatch decisions, company policies and other important records.

Federal regulations in 49 CFR 396.3 require motor carriers to systematically inspect, repair and maintain vehicles under their control and keep certain vehicle records. That does not mean the truck driver or motor carrier is responsible for this crash. It means commercial vehicle evidence may need to be preserved and reviewed before conclusions are reached.

A regulation violation does not automatically prove liability, but it may support a negligence claim if the violation contributed to the crash or injuries.

For more information, read Michigan Legal Center's guide to Michigan truck accident evidence preservation.

Get help from Michigan Legal Center

Michigan Legal Center is the Law Offices of Christopher J. Trainor & Associates. Our attorneys help injured people and families across Michigan with personal injury, car crashes, no-fault claims, insurance disputes, serious injury claims and wrongful death cases.

If you or a loved one was injured in a Michigan car crash, call Michigan Legal Center at (248) 886-8650 or contact us for a consultation.

There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.

Michigan Legal Center can help you navigate the issues involved in claims such as this with Michigan car accident medical bills and PIP priority and Michigan wrongful death deadlines.