Man Struck by Vehicle While Filling Tires with Air in Tyler, Texas

According to KLTV, a man was seriously injured when he was struck by a vehicle while putting air into his tires in Tyler, Texas. The accident occurred Wednesday, December 28 when a woman told police she thought her vehicle was in reverse, when it was actually in drive. The vehicle drove onto a sidewalk near the air tank and struck the unidentified man's leg.

Site of the Accident


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Commentary
Personal injury lawyers encounter this type of situation all the time. Judging by the news feed and the woman's admission, this was nothing more than an honest mistake. However, does this mistake mean the man should be forced to pay his own medical bills, lost wages, and pain and suffering? The answer is no, and the remedy is a personal injury claim with the woman's insurance provider.
To be successful, the plaintiff would be tasked with proving another party owed him a duty of care prior to the accident, and that their actions breached this duty. The plaintiff would then need to provide an accurate representation of the damages incurred from the accident, which is actually more difficult than it sounds. The cost of a cast or surgery is one thing, but the difficulty really lies in assessing the cost of rehabilitation, loss wages, or degree of deficiency after the accident.

Tyler Personal Injury Attorney Michael Grossman

Posted by: Tyler Personal Injury Attorney Michael Grossman | Posted on: 12/28/2011 | Comments (0)

As a Texas attorney practicing for 20 years, I have litigated all manner of personal injury cases. I use this blog as a place to write opinion / editorial articles on a variety of topics that catch my interest and as a means of sharing news stories relevant to personal injury accidents. I think the overwhelming majority of people are unaware just how common these types of accidents are and I hope this blog raises awareness to rather serious public safety concerns. However, this blog is simply a means for me to share my opinions and I would recommend that anyone who is considering seeking legal counsel should contact their family attorney.

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