In 1996, Florida's First District Court of Appeal, in Container Corp. of Am. v. McKenzie Tank Lines, 680 So.2d 509 (Fla. 1st DCA 1996), held that "use" of a vehicle included more than just operating a motor vehicle on a roadway. In this case, Willie Edwards was burned when he was delivering caustic materials as part of his employment with McKenzie Tank Lines, Inc. At the trial court, the judge determined that Edwards' accident did not arise out of the use of the vehicle. The judge reasoned that if Edwards was injured not in the "use" of the vehicle, that auto insurance coverage would not apply.
The First District Court held, "In analyzing whether or not the facts of this case fall within the "use" coverage of the policy, a three-pronged test has been suggested:1. The accident must have arisen out of the inherent nature of the automobile, as such;2. The accident must have arisen within the natural territorial limits of an automobile, and the actual use, . . . must not have terminated;3. The automobile must not merely contribute to cause the condition which produces the injury, but must, itself, produce the injury."
The DCA further held that Edwards' accident arose out of the inherent nature of the truck (that it had to be loaded and unloaded). If you have been injured in a truck accident, contact the Tampa personal injury attorneys at Givens Givens Sparks to help explain your rights.