Family Of Cement Truck Driver Files Lawsuit After His Death
A Texas family has filed a lawsuit against three companies involved in the death of their loved one, the sole fatality in a cement truck accident. According to the plaintiffs, the deceased was driving a cement truck when the brakes failed, sending him careening into a tractor-trailer. The driver died at the scene. The family has named the owner of the cement truck in their lawsuit along with the company that was using the cement truck, and the staffing company that hired the deceased to drive the truck.
Two of the companies are being accused of negligent maintenance of the vehicle while the staffing agency is accused of gross negligence. Below, we’ll take a look at the facts surrounding the case.
Who is responsible for the brake failure?
When a machine such as a truck malfunctions, it’s generally not the truck’s fault. It’s the fault of those who were tasked with maintaining the truck. So long as the brake failure can be tied to the maintenance and inspection crews who readied the truck, they can be saddled with liability for the death.
It’s unclear why the plaintiffs are suing the staffing agency for gross negligence. However, the staffing agency contends that the accusations are either unfounded or premature. Certainly, the staffing agency placed their staffer in danger, but in cases like this, it’s what they knew at the time that determines whether or not they were negligent. For instance, if the staffing company knew that the companies they were filling spots for couldn’t find employment of their own due to safety concerns, then the family would have a very strong case against the staffing agency for placing their staffer in harm’s way. It is that history that will be examined by the plaintiff’s attorneys to determine whether or not the staffing agency was grossly negligent or negligent at all.
If the staffing agency didn’t have cause to know that the companies for whom they provided staffers had a history of safety lapses, then the two companies responsible for the maintenance of the truck will be the sole liable parties. They are required to ensure that the truck is inspected prior to delivery. If the brakes fail on a vehicle that you are using for your employment, then whoever had control of the vehicle is responsible for any injuries caused.
The family who lost their loved one is entitled to recover damages related to the loss of his financial support. They are also entitled to recover non-economic damages related to their emotional grief, loss of companionship, and loss of guidance. Depending on how badly the victim suffered in the accident, they are also entitled to recover damages related to his personal suffering. The family is suing for a sum greater than $1 million.
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Have you been injured in an auto accident with a large commercial vehicle? If so, call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today to schedule a free consultation and learn more about how we can help.