Apr 11, 2018
A recent accident in Oklahoma City involving a semi-truck led to one fatality and injuries for two other parties.
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Oklahoma City, United States - April 11, 2018 /PressCable/ —
On March 28, 2018, a tractor-trailer driver misjudged the height of a railroad bridge over May Avenue near Reno Avenue. The truck smashed into the low bridge. As it tipped over, the driver was ejected. He is currently in serious condition at a local hospital. Moments after the impact, a trailing passenger vehicle collided with the wrecked semi. First responders had to use the Jaws of Life to free the two occupants; one of them did not survive.
“Many truck drivers are paid by the load and not by the mile,” explained Oklahoma City personal injury attorney Robert R. Robles. “So, they almost always look for the shortest distance between two points. Since many navigation devices do not include warnings for things like low bridges, tragedies like this one are all too common,” he said.
Some Legal Aspects of Car Crashes
“This wreck also highlights some legal theories we use a lot,” added Mr. Robles. When a semi truck is involved in a car crash, respondeat superior (let the master answer) usually applies. According to this theory, employers are legally responsible for the negligent acts of their employees if the wreck occurred within the scope of employment.
Vicarious liability theories, like respondeat superior, are particularly important in catastrophic injury cases. Many times, the individual tortfeasor (negligent driver) does not have sufficient insurance coverage to fully compensate the victim/plaintiff.
This wreck also illustrates the last clear chance defense. It is difficult to tell, but it appears that the passenger car driver may have had an opportunity to avoid the collision, perhaps by stopping short. If that’s the case, the shipping company or other truck owner would not be liable for damages.
Insurance company lawyers often try to use the last clear chance defense in rear-end collision cases. But the defense is rarely successful. There is a big difference between the last clear chance and the only possible chance.
Contact Info:
Name: Robert R. Robles
Email: [email protected]
Organization: Law Offices of Robert R. Robles
Address: 411 NW 5th Street #A, Oklahoma City, Oklahoma 73102, United States
Phone: +1-405-232-7980
For more information, please visit http://www.robleslawfirmokc.com/
Source: PressCable
Release ID: 328579
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