McGraw, NY — Two people were injured after being hit by a flatbed trailer that jumped a curb, hitting them in McGraw, New York, on Monday, September 29, 2014. The accident happened around 3:00 in the afternoon.
The two men have been identified as David Tobias and Oneil Lang. Both men were taken to Cortland Regional Medical Center. Reports have described Tobias’ injuries as non-life threatening. Lang was eventually moved to Upstate Medical, where he later passed away.
The driver of the flatbed is named Jonas Whaley. Police are currently investigating the accident.
Scene of the Accident
Commentary
This accident could have been caused by several different things, but in all honesty, we probably won’t have to look very far for the cause. If news reports are accurate, it sounds like the driver of the truck wasn’t paying attention to the road, jumped the curb, and hit two people walking by. Could there have been a legitimate reason for the truck to go up on the curb? Sure, it just isn’t very likely. Unfortunately, regardless of how clear cut this accident may seem, it’s almost a sure thing that the trucking company will choose to defend their driver. There are several reasons for this, but one of the most important is that, in many cases, losing a case like this can affect a trucking company’s ability to do business in the future. Depending on the size of the company, that can be a death sentence. So, from their perspective, they have no choice but to defend themselves in the accident, regardless of how it may look to others.
— Grossman Law Offices
