Wrongful Death Suit Filed after Dallas Truck Accident
- May 12, 2015
- Truck Accidents
A man was killed on Interstate 35 in Salado, Texas when a truck struck a bridge. The bridge beams then fell on both a truck and a semi. The truck hit a beam of the FM 2484 overpass bridge that was under construction, causing two beams to become dislodged and fall. One person was killed and three people were injured because of the beams falling. There were at least three semi-trucks damaged in the accident and one pickup truck. The three people who were injured were taken to Scott & White Hospital, and their injuries were not life threatening. Only one of the people injured was actually admitted to the hospital while the other two were treated and released.
The reason that the crash occurred was likely because the load was too tall for the bridge. The Texas Department of Transportation stated that the clearance was 14 feet and ½ an inch, but a sign next to the bridge says 14 feet, 3 inches. Trucks that are higher than 14 feet must have a permit to carry oversized loads. The truck that passed under the overpass first was carrying a cherry picker, and seemed to have safely passed under the overpass before the beams fell. When asked, they did not know the exact height of the truck. The truck owner did say that he had a permit to carry the load.
The Wrongful Death Suit
Lares Trucking, the business that owns the truck, has not had any crashes in the past two years, but they have had 20 violations in the past two years for things like reflectors, brakes, and tires. Now, the mother of the man killed has filed a wrongful death suit against both the trucking company and the driver of the truck. She has also filed the suit on behalf of the victim’s two children.
The suit alleges that Lares Trucking, and its driver, were negligent in hauling the cherry picker along Interstate 35. She states that load was over the legal height and struck the overpass, which then caused the beam to fall and crush the victim’s truck with him inside. According to the Texas Department of Public Safety, the load was 6.5 inches taller than the bridge, and although the truck owner stated that he did have a permit at the time of the accident, the permit turned out to be invalid.
Law Violations and Law Suits
As a general rule, it is much easier to prove fault when someone violates the law. In this case, because the driver and truck owner ignored the height requirements and the requirement to obtain a permit, fault is easy to see. When someone violates a law that is designed to protect the public (like these permit laws or law against speeding), then they are sometimes referred to as engaging in negligence per se.
Negligence per se is a legal term that means truck accident lawyers presume that the party at fault was negligent because they were not following the law. That means that, in a personal injury or wrongful death suit, there is no need to show that the person at fault was careless, which would normally be required if there was no violation of the law. Negligence per se, therefore, makes a case like this one much easier to win on the victim’s behalf.
If you or someone you love has been injured or killed because someone was violating the law, then speak with an experienced personal injury or wrongful death attorney as soon as possible.