BATH, SD — Anna Bailey and her passenger were taken to the hospital after a collision between a minivan and a tractor-trailer that happened in Bath, South Dakota on Friday, March 6th, 2015. News reports from Aberdeen said that the accident happened sometime Friday afternoon, but did not specify the exact hour of the crash.
Scene of the Accident
I’ve seen a few news reports mention the fact that the tractor-trailer driver failed to yield in the accident. Many people I’ve talked to would simply jump to the conclusion that the case is open-and-shut, and that the trucking company doesn’t have a leg to stand on, but they’d be pretty far from the truth. In reality, moving violations/citations and fault are not mutually exclusive, and while linked, they don’t always represent an automatic win, especially when dealing with tenacious trucking companies. Understand that in the 25 years I’ve been litigating cases and going after bad trucking companies, I’ve never seen a single one simply take responsibility for the actions of their driver without some serious legal arm-twisting. Unfortunately, trucking companies throw their weight around because they know they have the edge on their victims, for no other reason than they deal with accidents on a weekly basis, while their victims have only had two or three accidents of any kind to deal with in their lifetime. They do this because it has worked in the past, so people need to understand that going against these companies alone is an uphill battle, even when things seem like they’re in their favor.
— Grossman Law Offices