February 08, 2012
/24-7PressRelease/ -- Lawsuit Filed Against Trucking Company After Auto Accident
It happens in an instant, and others are left to pick up the pieces. On September 8, 2011, a truck driver lost control of the 18-wheeler he drove for Sierra Transportation Inc., crossed the median of Interstate 10 near Tucson, Arizona, and collided head-on with a vehicle that contained three members of the Reynolds family. None of them survived the crash.
On September 26, 2011, Sean Reynolds, acting both individually and as the representative of each of the deceased's estates, filed a lawsuit against the truck driver and his employer for negligence and wrongful death under Texas law. Reynolds alleges, among other things, that the truck driver failed to operate the semi as a reasonable and prudent person would, that he failed to properly maintain the vehicle, that he failed to avoid the accident, and that he was inattentive at the wheel, all resulting in the family members' deaths. He further alleges that the truck driver's employer, Sierra Transportation Inc., is also liable for his actions as an employee under its control and for negligence in supervision, hiring, training, and entrustment.
In Texas, Reynolds is allowed to sue both the truck driver and his employer for wrongful death under the Civil Practice and Remedy Code. Under these laws, it does not matter that the accident occurred in a different state, only that the victims would have been able to start a lawsuit had they survived the accident. The Code further allows monetary damages to be sought against an employer in the transportation business if the employee is shown to have acted negligently.
In any personal injury or wrongful death negligence case, the plaintiff must prove there was a duty owed to the injured person, that the duty was breached or broken, that the breach of duty caused the victim's injury, and that damages occurred. Under Texas law, should Reynolds prove each of these four things, he may be entitled to obtain compensation from the truck driver, Sierra Transportation Inc., or their insurers.
If you have been injured in an auto accident or one of your loved ones was injured or killed, seek the advice of an experienced personal injury attorney who can assess your situation and recommend the best course of action for you.
Article provided by Law Office of Carlos M. Quinonez, PLLC
Visit us at http://www.lawofficecmq.com
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