The word ‘accident’ suggests that there was nothing that could be done to prevent the occurrence. That is why many states are referring to automobile incidents as ‘crashes’, rather than accidents. They are trying to move away from the idea that; there was nothing that could be done to prevent the incident.
On our busy Texas roadways accidents do occur, and they may be the result of; sun glare, animals suddenly dashing into the road, or other unforeseen causes (that are not related to the driver).
A recent story on the Odessa American Online describes an accident that may have actually been a crash. The report discusses a Midland, Texas, incident where two vehicles–one private and one commercial– impacted each other and resulting in two people injured and one killed. The man who died was the passenger in the private vehicle and according to police that vehicle appeared to be operating within the accepted boundaries of travel on our roads.
The commercial vehicle was an oilfield service vehicle, of which we see plenty on our Odessa/Midland roads. Police have initially stated that the oilfield service vehicle lost control of itself to what is being termed as an ‘equipment malfunction’ and began rolling out of control, making contact with the passenger vehicle before finally coming to a stop.
In addition to the death reported in the passenger vehicle, the driver of the passenger vehicle is listed in serious but stable condition and the driver of the commercial vehicle is listed as being in stable condition. All of this means that all 3 persons involved in the crash were significantly affected.
Following the crash no charges were filed against the driver of the commercial vehicle, yet that does not mean this was a true accident. Remember the police initially felt that an ‘equipment malfunction’ may have played a role in the commercial vehicle’s initial loss of control, that means that the investigation is ongoing and though the driver is probably not at-fault it doesn’t mean that future findings may result in liability determinations; possibly against the company that owns the vehicle. Theses liabilities may include faulty record keeping in regards to vehicle maintenance or even something as simple as failing to have a vehicle inspected.
That is why if you are involved in a commercial vehicle accident or crash (as the case may be) in the Odessa, Midland, Pecos, Kermit, or surrounding communities it is important to contact an attorney with experience in wrongful death and commercial vehicle law to ensure that you are represented to the fullest extent of the law. The experienced commercial truck and vehicle attorneys at Childs, Bishop, and White are here to answer all your questions. Please call us at 1-800-327-5421 for a free consultation or click here to ask Bob your legal question!