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Determining liability in a truck accident isn’t always easy

Most fatal motor vehicle accidents involve at least two vehicles. In some cases, a driver will make a fatal error without colliding with another vehicle. What about accidents that appear to have no cause? Can an injured person or the survivors of a deceased victim claim damages from anyone or anything? A recent truck accident in Gainesville raises several questions about the operating condition of a truck that led to one death and one case of severe injuries.

The accident

A commercial truck was heading north on I-985 in Gainesville when it blew a tire. The blow out caused the driver to lose control and veer into the left lane and collide with a pickup. After hitting the pickup, the truck ran through a guardrail and down an embankment.

The driver of the truck and his passenger were trapped inside the truck until they were rescued by local firefighters and EMS personnel. Both men had sustained serious injuries and were taken by ambulance to Northeast Georgia Medical Center. The injured driver was pronounced dead at the hospital.

The driver of the pickup suffered only minor injuries and was treated at the scene.

Liability

The media accounts of the accident did not point to any driver errors that might support a personal injury claim for negligence. However, at least one media report said that a tire blow-out caused the driver to lose control of the truck, the event that began the chain of events that killed the driver and seriously injured the passenger. This fact suggests that someone may have failed to maintain or repair the tire, thereby leading to the blow-out and one death and one serious injury.

More investigation is needed in this case, but a skilled personal injury attorney can muster the resources to investigate any possible cause, including the failure to repair the tire, and establish the basis for a successful claim for damages for medical and funeral expenses, lost income, and pain and suffering.