Mary Nell McDermott Killed, Allen Howard McDermott Injured in 18-Wheeler Accident in Gatesville, TX
According to KWTX, a woman was killed and her husband injured in an accident with an 18-wheeler in Gatesville, Texas. The collision occurred around 3:30 p.m. Tuesday, December 6 when police believe Allen McDermott pulled in front of an 18-wheeler onto North Highway 36. His passenger, and wife, 75-year-old Mary Nell McDermott was pronounced dead at the scene. Allen McDermott was taken to Scott & White hospital where his status was unknown.
Commentary My condolences go out to the family of the victims, and I hope the gentleman recovers from the accident. While the news feed may place fault on the couple, in a liability situation this is rarely the case. When an accident occurs with an 18-wheeler, a third party investigation must be conducted to determine liability. It is certainly not as simple as the article suggests. Rarely, if ever, is liability given to one party. It is actually a determination which can be spread across multiple parties. For instance, the investigation is needed to determine the truck's rate of speed prior to the accident. If the truck driver was found to be exceeding the posted rate of speed, this could shift a liability assessment. Truckers are taught to use evasive actions when presented with a danger on the roadway, excessive speed or driver inattention could contribute to this not occurring. Furthermore, systems on the rig should be crosschecked with functionality to ensure a defect or lack of maintenance did not contribute to the accident as well. Point being, an accident, especially a commercial vehicle accident, is rarely an all-or-nothing proposition. They are, in fact, typically the culmination of several minor events occurring at the worst possible time.
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