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Truck driver has personal injury claim after tragic accident

| Jun 8, 2018 | Truck Accidents |

Texas has numerous highways that have only two or three lanes for all traffic going in both directions. The potential for death and personal injury on these roadways is substantial due to the tendency of some drivers to pass when passing is unsafe. Passing should only be attempted when a driver is absolutely certain that no traffic is coming in the other direction. It should not be attempted where the view ahead is limited due to curves or hills that restrict the scope of a driver’s sight.

Critically, the driver should obey all signs and not attempt to pass in a zone that is marked as a no-passing zone. Despite what may appear to be a safe view ahead, a driver should use an excess of caution in venturing to pass a slower vehicle. When drivers don’t follow excessive caution or when they outright violate the posted rules, the chances for tragic consequences are greatly increased.

A driver reportedly violated those rules on Highway 315 in Rusk County recently and lost her life and that of her passenger. The 27-year-old Arkansas woman attempted to pass in a no-passing zone while traveling south on the roadway. A 44-year-old male driver of Houston was operating a tractor-truck and towing a semi-trailer in a northerly direction at the same time and place.

The tortfeasor caused her vehicle to collide head-on with the truck, according to the Texas Department of Public Safety. She died at the scene; her passenger was taken to a hospital where she later died. The truck driver was seriously injured and transported to a hospital by responders. The truck driver has a claim for personal injury damages against the estate of the deceased driver. The estate of the decedent’s passenger also has a claim for wrongful death against the decedent’s estate.