Semi-Truck Crosses into Oncoming Traffic, Killing One
A semi-truck driver lost control of his vehicle killing a Texas woman. Forty-four-year-old Wajma Popal was killed when her car collided with the semi on Interstate 10. The investigation revealed that the truck driver, Esteban Papilla-Mena, left the roadway crossing into the center median and then into oncoming traffic. It was then that his truck hit Popal’s car. She was killed instantly. The truck rolled over and continued going until it struck another semi-truck but neither driver was injured in the accident.
While it’s unclear what caused the driver to lose control of his vehicle, in nine out of every ten cases, when you see a semi-truck driving on the wrong side of the road, it’s related to either tire failure or the driver fell asleep at the wheel.
Is the Trucking Company Responsible?
Without knowing more details surrounding the case, it’s impossible to know for sure what liability the trucking company has. One thing that we can know without further scrutiny is that the driver should not have been driving into oncoming traffic. Still, it may not be the trucking company’s fault if it was indeed a tire blowout that caused the driver to lose control of the truck.
Nonetheless, the trucking company is the first major player to come under scrutiny in this type of a situation. A determination must be made as to how the trucker lost control of his truck. If it was indeed a tire blowout, it needs to be determined whether any inspections caught the tire problem prior to the delivery.
If it can be determined that there were no apparent problems with the tire prior to leaving for delivery, then the trucking company may have no culpability at all. It could all be the result of a defectively manufactured tire or a defectively retread tire.
If the tire is indeed to blame, then the trucking company may still have some liability. Truck drivers are required by law to conduct inspections on a daily basis to ensure their trucks are roadworthy. In addition, trucks are supposed to be inspected prior to leaving for delivery.
While the regulations may seem harsh, the consequences of failing to comply with them are harsher still. In most cases, fatal accidents involving defective equipment are entirely avoidable which is why liability so often falls on the trucking company.
Authorities will conduct an investigation which includes analyzing whether or not the tire was the primary cause of the fatal accident. If the family members of Wajma Popal choose to file a lawsuit, her attorneys will also conduct an investigation of their own to determine why the tire failed. If it turns out that the tire failed because of a defective retread or a defective tire, then the family may sue the company that retread or manufactured tire and name the trucking company as a codefendant.
Talk to a Florida Defective Tire Attorney Today
If a tire failure of some kind has resulted in a serious car accident, you can be entitled to recover damages related to your injuries. Contact the Coral Gables tire defect attorneys at the law offices of Halpern, Santos & Pinkert today to schedule a free consultation.