Semi trucks that are not properly maintained or operated can pose a major safety risk on Texas highways. Accidents involving 18-wheelers can lead to death or serious injury and are often caused by negligence on behalf of the truck driver or the trucking company. When this is the case, both of these parties can be sued by accident victims.
Today it was reported in The Southeast Record that a Tyler, Texas, resident has filed suit after a tire flew off of a semi truck and struck his vehicle, causing him injuries. According to documents filed with the court, the accident occurred July 8, 2009 on Interstate 20 as the plaintiff was traveling eastbound and the semi-truck was traveling westbound when suddenly a rear tire from the semi truck flew off and struck the plaintiff's car after sailing over the median.
The plaintiff alleges that the truck driver acted negligently and was responsible for the accident by not thoroughly inspecting the semi truck, driving the semi truck at an unsafe speed, failing to timely apply the brakes and for failing to pull the semi truck over onto the shoulder of Intestate 20 to tighten or adjust the tires so that the accident could have been avoided.
In the lawsuit, the plaintiff is asking for damages to cover his medical expenses, physical pain and suffering, mental anguish, physical impairment, interest and court costs.
The trucking company is being sued under vicarious liability, the legal doctrine that holds employers liable for the negligent actions of employees that occur during the regular scope of employment. The lawsuit was filed on June 13 in the Eastern District of Texas, Tyler Division.
The next step in the case is for the truck driver and trucking company to respond to the claims alleged in the complaint. After additional steps of the process, including discovery, it would be possible for the parties to settle out of court or take the case to trial where a jury would make the final decision.
Source: The Southeast Texas Record, "Truck driver, company sued after tire flies off and hits vehicle," Michael Keahey, 6/24/2011.
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