Two Killed in 18-Wheeler Crash on IH 35 in Austin, Texas
According to KVUE, two people were killed in an early morning 18-wheeler crash in Austin, Texas. The wreck occurred around 3:15 a.m. Monday, December 4 when Austin police believe the driver of a sports vehicle may have lost control on IH 35 and spun out in front of an 18-wheeler. The two vehicles struck each other, killing both occupants of the sports car immediately. Their names have not been released, pending investigation.
Commentary Though few details have been revealed by the news feeds, the reality of the situation is that there is a very good chance attorneys and investigators for the trucking company are collecting their own data currently. Many may ask why this is necessary when the plaintiff is tasked with proving liability of another party. While it is true that the plaintiff always holds the burden of proof, with insurance polices on 18-wheelers approaching 10 times that of normal motor vehicles, their is an inherent interest on the part of truck owners to find any possible way to mitigate liability. In other words, accidents are not treated individually, but rather with an eye towards the bottom line of the company. Now, some may wonder where the trucking company's liability is when a car spins out in front of a truck. People need to know that liability is rarely an all-or-nothing proposition. Perhaps the truck was following the vehicle too closely such that any mishap from the car could have made an accident imminent. On the other hand, there could be a scenario where the truck driver did see the accident evolving in front of him, but failed to use evasive training. Either situation could place some fault on the trucker and conversely a trucking company. Again, this is why taking on a trucking company is so difficult following an accident. Their interest in disputing the accident is very vested into the vitality of the company.
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