Ross D. Booth Dragged to Death at Truck Stop in Cameron, Texas
According to KWTX, a man was struck and dragged by an 18-wheeler at a truck stop in Cameron, Texas. The accident happened around 8:30 p.m. Thursday, December 15 when the unidentified male was hit near the rear parking lot of the truck stop and dragged near the fuel area. The victim was taken to Scott and White Hospital in Temple, Texas where he later passed away. Cameron police continue to investigate the accident.
Update: The victim has been identified as 58-year-old Ross D. Booth.
Commentary Very few details have been made public regarding the accident, but my thoughts are with the victim's family regardless. More than likely, there are two possible scenarios that could become of this accident. To solidify a civil strategy, a third party investigation should be used to recreate the accident and determine the scope of possible remedies available. The most apparent remedy available from the accident could be a wrongful death claim against the driver of the rig. The plaintiff (eligible survivors of the victim) would be tasked with proving a party was liable in the accident, and then proving that the liable party was negligent in their actions. Normally this is a reasonable test in which the defendant's actions are paired against what most would define as reasonable at the time of the accident. So in other words, negligence is the failure to act within the scope of what a reasonably prudent person would do, given the same circumstances. If this can be proven, usually a lawsuit can continue, provided the claim has the aforementioned eligible survivors and they are able to prove tangible economic loss from the accident. On the other hand, if the victim was acting within the course and scope of his employment, perhaps stopped to fuel his rig, normally workers' compensation would kick in, provided his employer is a subscriber to the policy. When a fatality occurs while on the job, an administrative claim is made within the system and the family is awarded some level of compensation. Unfortunately, the downfall of the system is this compensation is typically only about 2/3rds of the salary of the decedent, effectively issuing a pay cut to a family that has just lost a loved one.
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