ST. LUCIE COUNT, Fla. — The father of a trooper killed in a head-on crash on Interstate 95 in St. Lucie County last year is fighting back against a lawsuit filed in December.
The lawsuit was filed by the family of the Miami-Dade County trucker he fatally hit.
WPTV investigative reporter Dave Bohman spoke to the trooper's family, who said Florida Highway Patrol Trooper Zachary Fink has been unfairly criticized and blamed.
The family of trucker Arsenio Mas claims that if Fink halted the high-speed chase of the fleeing suspect, which took place on Feb. 2, 2024, both men would be alive today.
Robert Fink, the deceased trooper's father, counters that both men might be alive if the trucker followed the rules of the road.
He told WPTV that grief turned to shock when he learned Mas' family sued the estate of his son, calling it a "slap in the face" and "degrading."
"I couldn't believe it," Robert Fink said. "I'm like, 'This is happening right now? Really?' It's pretty devastating."
The wrongful death suit filed by Mas' family claims because of "Fink's reckless and/or negligent actions, including driving at an extremely high rate of speed and cutting across all southbound lanes of traffic in hot pursuit of another vehicle, plaintiff Arsenio Mas would not have died."
Region St Lucie County
Family of trucker file suit against FHP after deadly crash
"Our client was just driving in his lane of traffic and doing nothing wrong," Mas family attorney Carlos Silva said.
Jason Weisser, the attorney for the Fink estate, disagrees.
"I find everything wrong with this lawsuit," Weisser said.
Weisser feels the trucker bears responsibility for the crash, explaining that all three vehicles were traveling southbound on I-95. Fink was pursuing the suspect with his lights and sirens on.
Weisser said the fleeing suspect and Fink both passed Mas and the trucker never slowed down. So when the suspect and Fink both went to make a U-turn and drive against traffic, Mas struck Fink head-on.
Fink's attorney said state law requires drivers to slow down, pull over and stop whenever lights and sirens are activated by first responders.
"Does he stop? No," Weisser said. "Does he even slow down? No. He keeps going 70 mph in the left-hand lane."
Weisser added that Mas was ejected from his cab because he was not wearing a seat belt, which could have saved his life.
The Mas family lawyer disputes those claims.
The lawsuit filed by the Mas family claims that Trooper Fink "disregarded all policies and procedures of the FHP."
"He violated unfortunately protocol," Silva said. "We feel bad for him and his family, but we have to take care of our own and what happened here is horrific."
The Mas family claims Fink violated FHP's high-speed chase policy and should have abandoned the chase.
Robert Fink calls it a shame that two families who lost a loved one may soon have to square off in court.
"To me, it's gone too far," Robert Fink said. "It's hard to talk about."
Robert Fink believes his son died doing his job by not letting a criminal getaway.
Silva said the Mas family should collect some or all of Trooper Fink's death benefits, which may total up to $300,000.
