According to the Lubbock Avalanche-Journal a woman was killed and a man injured in a wrong-way collision near Lubbock Texas. The accident occurred around 3:30 p.m. Tuesday December 13 when Texas Department of Public Safety officials believe 68-year-old Carol Richardson lost control of her vehicle and swerved into oncoming traffic on Interstate 27. Richardson struck the pickup of 47-year-old Lester Huddleston head-on killing her at the scene. Huddleston was taken to University Medical Center in critical condition. Texas DPS continues the investigation.
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Commentary
When a news feed suggests an accidents cause is an errant or uncontrollable vehicle it is critical that a third party examine the accident scene and in particular the vehicle in question for liability purposes. Scenarios exists that could provide for remedies to both parties given the proper variables.
We have litigated several accidents in the past that produced a vehicle with a major defect such than an accident was imminent. Unfortunately these defects are typically not apparent until an incident is likely. In some of the accidents we were asked to pursue a manufacturer was found liable due to the design of the vehicle. However in other instances a shop tasked with servicing the vehicle was found liable as their inadequate work produced a faulty vehicle. Either scenario could allow for claims by both parties if a defect were to be found.
On the other hand if the examination finds fault on the driver of the errant vehicle there could be a personal injury claim if the driver of the other vehicle can prove certain contingencies like breach of duty and damages. In a personal injury suit a plaintiff is tasked with proving that the defendant owed them a care of duty before the accident (relative to this accident safe vehicular operation) and that the defendant breached this duty by their actions. They must also give an accurate account of damages which is actually more tricky than it sounds when you factor in the future costs of rehabilitation or time missed from work.
Until an investigation is able to dissect the accident scene most of this is speculative in nature. However my experience over the years allows me to say that many accidents do not produce a clear chain of liability. Instead in many cases they require time and research into a cause.
Lubbock Personal Injury Attorney Michael Grossman
