O’Donnell, TX — A truck driver died and another man was injured after their 18-wheeler rig lost control and was in a rollover near O’Donnell last week. Police said that it happened on Tuesday, February 24, and identified the victims as Carlos Gonzalez, 54, and Alejandro Esparza, 31.
They said that Esparza was injured and Gonzalez was killed after their 18-wheeler lost control south of O’Donnell. According to the Texas DPS, Gonzalez was driving an 18-wheeler truck south along FM 2370 with Esparza as a passenger.
As they were driving, Gonzalez came upon the intersection with FM 1210, but did not stop at the stop sign. He tried to brake too late and lost control of the truck, which caused it to leave the roadway and roll over. Both Gonzalez and Esparza were taken to local hospitals, where Gonzalez later died.
Esparza wasn’t as badly injured and was treated & released. His condition wasn’t given, though. Police with the Texas DPS aren’t sure what caused Gonzalez to run the stop sign, but they’re going to investigate further.
Map of the Accident
View from the Road
Commentary:
My first question here is about the injured victim: was he an employee of the trucking company that owned the rig? If he was, then this may be considered an “on-the-job” work accident and he may only be eligible for workers’ comp benefits — provided his employer subscribes to Texas workers’ comp benefits. However, I want to take a closer look at what happened, because depending on what made this truck driver crash in the first place, I might argue that he shouldn’t have been behind the wheel at all.
For example, if this trucker had a health problem and the company knew about it, then they would have knowingly endangered the passenger’s life by sending him on the road with a driver who might suffer a medical emergency. Obviously, that’s just an example and we don’t really know what happened here, but I think some more investigation is definitely warranted. As OSHA is fond of saying, “it shouldn’t cost you your life to making a living.”
My last question is about the truck itself. I know most people think that 18-wheelers and semi-trucks are invincible, giant trucks that impossible to destroy, but that’s not true. In fact, if the cab of an 18-wheeler isn’t designed with enough integrity (a.k.a., to withstand pressure in an accident), then the people inside are at great risk every time they get behind the wheel. The weight of the trailer and truck is working against them at that point and truck cabs need to be safe places, not death traps. That’s an issue with the manufacturer of the 18-wheeler, not the driver or owner.
— Grossman Law Offices
