According to local reports three children were injured in an accident Wednesday afternoon when a loaded coal truck struck a church van. Police indicate the accident occurred around 2:30 p.m. on Route 83 in Bartley West Virginia. Police believe the driver of the coal truck was drunk and has been arrested on charges of DUI causing bodily injury failure to maintain control and reckless driving. Authorities are investigating the accident.
Commentary
If the reports prove to be accurate and the driver of this truck was drunk he should be pursued to the full extent of the law. The drinking and driving places liability on the driver and probably allows for a personal injury claim against him but what strikes me is the drivers employer. How long had this behavior on the job been happening? If it can be proven that the employer knew about the reckless nature of their employee and still let him drive there could be grounds to bring a personal injury suit against the employer too. These types of details need to be fleshed out by an independent investigation initiated by the guardians of the victims. This would determine where the liability of the accident lies and allow for proper restitution.
Texas Personal Injury Attorney Michael Grossman
According to several local news sites a woman was severely hurt when her car hit a stalled semi-truck on the shoulder of Interstate 635 in Dallas Texas. Occurring early Thursday morning July 21 a woman was headed westbound near Plano Road when she struck the rig parked on the shoulder of the on-ramp. The accident is still under investigation and the victims name has not been identified.
Site of Accident
View Larger Map
Commentary
A stalled or disable big rig can be an enormous hazard on the roadway. While some may take this at face value what some may not know is that federal rules require the trucker to place warning apparatuses at specific distances from their rig. Knowing the traffic around Dallas and just a gut feeling I suspect she had no warning of the stalled rig. While the authorities are still looking into the matter if this is the case the woman may have a personal injury claim against the trucker. Regardless an independent investigation should be conducted to determine liability that Thursday morning.
Dallas Personal Injury Attorney Michael Grossman
Local reports indicate one man was killed and another suffered severe burns after a gasoline tanker truck drove over a guard rail and into oncoming traffic Saturday July 23. Authorities indicate 60-year-old Kevin Fitzgerald of South Hamilton was severely burned when the tanker of Neal Michaud struck his car around 2:15 a.m. causing part of its contents to unload and ignite. Police estimate up to 11000 gallons of fuel was dumped onto the road. After ignition the blaze spread to a surrounding residence two greenhouses and torched large brush patches. Kevin Fitzgerald was admitted to Massachusetts General Hospital.
Approximate Site of the Accident
View Larger Map
Commentary
Unfortunately this type of accident is all too common. A driver in this case a trucker loses control of the vehicle and wrecks with an unsuspecting motorist. Before conjuring any assumptions from this wreck a detailed and thorough independent investigation is needed to determine what caused this accident. If simply the trucker is at fault Fitzgerald could have a personal injury claim against him. But what if the cause of the accident is a braking malfunction that caused the rig to skid? Or perhaps a locked steering column that negated the trucker from taking evasive actions. This is all speculative for sure but the point is there may be liability here beyond that of the trucker. Only an investigation would extol these.
Texas Personal Injury Attorney Michael Grossman
An 8-year-old boy was injured in a motorcycle accident around 5 p.m. Monday July 25. The driver of the motorcycle 40-year-old Adam Johnson was traveling on Waldorff Road in Dunkirk New York when he failed to stop at a stop sign. The motorcycle struck the back of a vehicle driven by 34-year-old Heidi Vandurme ejecting both Johnson and the 8-year-old boy. After authorities arrived on the scene it was determined Johnson was under the influence and arrested on driving while intoxicated.
Johnson was flown to Erie County Medical Center while the boy was taken to Brooks Memorial Hospital and later Buffalo Childrens Hospital.
Approximate Site of the Accident
View Larger Map
Commentary
Unfortunately my firm sees drunk drivers driving with children in their vehicle all the time. We have litigated several cases on behalf of the injured or deceased child. While the details are scarce at the present time the mother (or guardian) of the boy may have a personal injury claim here on behalf of the 8-year-old. While an independent investigation is needed to determine all causal outcomes of the accident the alcohol charge could place liability on the driver.
Texas Personal Injury Attorney Michael Grossman
According to several local reports an 18-year-old was arrested early Sunday morning July 24 on suspicion of drunk driving. Police indicate Jeremy Morley was arrested after his 2005 Saturn Ion jumped a curb and crashed into a home at 410 Independence Drive Longmont Colorado around 2:45 a.m. Five other passengers including the driver were injured two seriously as a result of the wreck.
The Ion was later found to have cut a natural gas line to the home releasing layers of gas into the air making the scene a risk for explosion.
Police reports indicate most of the passengers admitted to drinking that night.
Site of the Accident
View Larger Map
Commentary
Drunk driving is a very serious offense. With 6 kids in the car wrecking into a residence and cutting the gas line the driver is lucky this wreck was not fatal. From a legal standpoint there are a few different courses the passengers and even the driver could take. For instance if the kids were found to be served at a residence the owner of that residence could potentially be sued based on Colorados Social-Host laws. These laws are in place to hold owners liable for minors consuming alcohol at their premises. On the other hand the passengers could bring personal injury claims against the driver for his recklessness behind the wheel and possibly against the owner of the Ion if an investigation finds knowledgeable prior history of poor driving or judgement and the owner let the teen drive anyways.
As I typically recommend an independent investigation is needed to determine where liability is placed in this situation.
Texas Personal Injury Attorney Michael Grossman
According to several news outlets 59-year-old Neal Michaud was killed when his gasoline tanker truck jumped the guardrail on Route 1 and continued into oncoming traffic around 2:15 a.m. Saturday July 23. On-coming motorist 60-year-old Kevin Fitzgerald of South Hamilton was struck suffering severe burns.
The force of the accident caused the tanker to lose part of its contents spilling approximately 11000 gallons of gasoline onto Route 1. The accident and spill caused the fuel to ignite burning several pieces of property including greenhouses a home and some brush.
Motorist Kevin Fitzgerald was taken by ambulance to Massachusetts General Hospital where he stayed through the weekend.
The investigation is still on-going.
Approximate Site of the Accident
View Larger Map
Commentary
An incident like this reveals the need for a proper investigation to be conducted. Only then can we answer questions like why and how did the trucker lose control of the rig. Was it the tanker truckers fault or was there a mechanical malfunction? The former would allow for a personal injury claim against the decedents employer while the latter would allow for a claim against the manufacturer.
Details are minimal at the moment but Id like to convey the many sides of an accidents story. Many just assume an accident is a simple property claim and thats the end of it. This is not the case with accidents involving commercial vehicles and victims of these types of wrecks should know the damages they can potentially collect.
Texas Personal Injury Attorney Michael Grossman
According to a Ford press release the company will issue a recall on select models of Rangers Excursions and F-Series vehicles beginning August 15.
The recall lists all Rangers built in 2011 from January 25 to April 25 at the Ford plant in St. Paul Minn.
Also included are truck service parts sent to dealerships for certain models. Included are: Ranger trucks from 2004 to 2011; Excursions from 2002 to 2005; F-250 F-350 F-450 and F-550 trucks from 2002 to 2007.
Dealerships will replace the parts for free. For additional information contact Ford Customer Service at 800-392-3673.
Commentary
Recalls are issued in order to hopefully mitigate the manufactures future risk of liability from faulty or defective parts. This particular recall appears to include only a small number of vehicles produced by Ford. Nonetheless Ford owners are encouraged to check with their dealership to see if their vehicle applies.
Texas Product Liability Attorney Michael Grossman
According to local reports a motorcyclist is dead and his passenger serious injured after striking a SUV in Houston Texas. The accident occurred on Highway 6 near Voss when the 2003 GMC Yukon left a private driveway and hit the southbound 2008 Suzuki motorcycle about 11:30 p.m. Thursday July 21. Authorities pronounced the man dead at the scene while his passenger was helicoptered to Memorial Hermann-The Texas Medical Center. Names and details of injuries are being withheld pending investigation.
Approximate Site of the Accident
View Larger Map
Commentary
There are two sides to every story and an independent investigation will probably be necessary to establish liability. The driver of the SUV has an obligation to cede right-of-way to the oncoming traffic from the highway. On the other hand if the authorities investigation shows that the motorcyclist was speeding that would mitigate the SUVs liability. Once there is a better understanding of what occurred the victims will be in a position where they can determine if they have a valid cause of action for a suit.
Houston Personal Injury Attorney Michael Grossman
According to a press release the Ford Motor Company is issuing a recall on select 2007 models of the Ford Five Hundred and Mercury Montegos. The problem is said to stem from faulty welding around the gas tank causing minute leaks into the trunk area of the vehicles. Affected customers will receive notices from their dealerships but all are advised to check the trunk compartment for fuel leaks. Fords customer service number is 800-392-3673.
Commentary
Especially in motor vehicles fault or defective parts can lead to accidents or injuries. If an accident occurs due to these parts the manufacturer can be held liable for the damages. Because of this exposure companies will often issue recalls to mitigate future liabilities. Please be aware of your vehicles make and model information and be on the lookout for a notice from your dealership.
Texas Product Liability Attorney Michael Grossman
According to local news reports a 20-year-old Stockton California man suffered major injuries early Wednesday morning when his vehicle collided with an 18-wheeler. Occurring around 2:16 a.m. in Livermore Enrique Torres 2000 Nissan Sentra collided with the back-end of a big rig preparing to exit Interstate 580. Torres was taken to Eden Medical Center in Castro Valley California where he was examined and found to be under the influence of alcohol. Both drivers were wearing seat belts. The California Highway Patrol is conducting the investigation.
Site of the Accident
View Larger Map
Commentary
An accident like this is incredibly common late at night. If the driver was indeed found to be under the influence Californias dram shop laws could factor into the equation. Dram shop laws are in place to hold alcohol-serving sites responsible for their actions. If a bar or restaurant was found to over-serve the driver the establishment could ultimately be held civilly accountable. The laws are in place to balance the interests of alcohol-serving establishments with that of the general welfare of the public. Texas Drunk Driving Accident Attorney Michael Grossman
*We appreciate your feedback and welcome anyone to comment on our blog entries, however all visitor blog comments must be approved by the site moderator prior to showing live on the site. By submitting a blog comment you acknowledge that your post may appear live on the site for any visitors to see, pending moderator approval. The operators of this site are not responsible for the accuracy or content of the comments made by site visitors. By submitting a comment, blog post, or email to this site you acknowledge that you may receive a response with regard to your questions or concerns. If you contact Grossman Law Offices using this online form, your message will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential! You should not send sensitive or confidential information via the Internet. Since the Internet is not necessarily a secure environment, it is not possible to ensure that your message sent via the Internet might be kept secure and confidential. When you fill out a contact or comment form, send us an email directly, initiate a chat session or call us, you acknowledge we may use your contact information to communicate with you in the future for marketing purposes, but such marketing will always be done consistent with the advertising ethics rules established by the State Bar of Texas and you will have the option to opt out of future communications.
