First Grade Teacher Killed in Flying Tire Accident
A Massachusetts woman died after a tire came loose from a passing vehicle and struck the windshield of her car. The victim, Mary Beth MacKay was a beloved area first-grade teacher at Forest Avenue Elementary School where she had worked for the past 12 years. She left behind a husband and two daughters.
Police suspected that the tire came from a passing tractor-trailer, but have recently updated their report. They are now seeking to identify the vehicle that lost its tire and killed Mary Beth MacKay.
Flying Tire Accidents
Flying tire accidents are almost always the fault of the owner of the vehicle from which the tire came. Each driver, whether they drive a commercial truck or a commuter vehicle, is responsible for the upkeep and maintenance of their vehicle when they take it out on the road. If a tire dislodges from the vehicle and crashes through the window of a passing car, the driver of that vehicle is responsible if the other driver dies.
In states like Texas, it is common to see commercial truck drivers face negligent homicide charges when their failure to follow the basic federal regulations placed on the trucking industry to keep us all safe results in the death of another driver on the road. The family of the deceased can also file a wrongful death lawsuit against the company that employed the driver who did not adequately inspect the truck prior to delivery.
Damages in a Wrongful Death Lawsuit
If the family were to file a wrongful death lawsuit against the owner of the truck, once they are found, they would be entitled to recover damages related to the loss of their loved one. The victim did not die immediately but was flown to a nearby hospital where she received treatment for serious injuries. She later died as a result of those injuries. Her family would be entitled to recover any medical expenses charged to the victim’s estate because of the accident.
Additionally, her two daughters and the husband she supported them with would be entitled to recover any lost earnings prorated to her retirement age. Since she was only 42 when she died, her family would be entitled to at least 23 years of wages.
Lastly, her daughters would be able to collect damages for loss of companionship, moral guidance, and emotional support. Her husband would be able to collect damages for loss of consortium.
Flying Tire Accidents are Always Avoidable
When a tire flies off a vehicle and crashes through a window, it’s generally because the vehicle was not properly inspected prior to being sent off on a delivery. In other words, the tire simply wasn’t properly secured. That places liability firmly on the company that employs the driver and owns the truck. Since the federal government requires all drivers to inspect vehicles every 24 hours, any failure with regard to the tire could be interpreted as criminal liability.
Call a Florida Defective Auto Parts Attorney
If a tire or other auto part contributed to your accident, you may be able to file suit against the trucking company or the company that manufactured the tire. 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.