According to local reports a man was rear-ended on U.S. 277 near Christoval Texas. The accident occurred Tuesday August 29 when 25-year-old Chad Warren Eivens was struck by the vehicle of 28-year-old Kenneth Daniel Kuykendall. Eivens said he stopped to make a turn into a driveway and noticed a vehicle approaching him that was not slowing. Eivens sped up to avoid a stationary wreck but was struck from behind and spun counterclockwise. Kuykendall told Department of Public Safety troopers he thought he was far enough in the shoulder to avoid Eivens.
Approximate Site of the Accident
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Commentary
Drivers have a responsibility to themselves and others on the roadway to operate in a safe manner. While a third party investigation is needed to determine liability if the police reports are accurate and the man was negligent in avoiding the vehicle he could face liability in a personal injury claim. Typically a claim like this requires three variables to be successful. First duty of care must be breached. This speaks to the responsibility I spoke of earlier. Secondly there must be damages which are essentially a dollar value placed upon injuries. The police report says the victim was taken to a local hospital so you can bet he will incur medical costs. Third there must be a solvent defendant in a personal injury claim. Unfortunately in todays wired-in world it is very easy for a defendant to hide or relocate assets to fake their own solvency. The latter issue highlights the particular usefulness of a separate investigation as this is not normally a factor the police report will address.
Abilene Personal Injury Attorney Michael Grossman
