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
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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
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