Charles Brandon Oswell Killed, Thomas McCauley Injured in 18-Wheeler Accident in Victoria, Texas
According to the Victoria Advocate, a man was killed and another injured in an accident involving an 18-wheeler in Victoria, Texas. The wreck occurred before 4:45 p.m. Friday, December 30 when it is believed the vehicle of 39-year-old Charles Brandon Oswell pulled in front of a semi truck from the shoulder of U.S. 59. The truck struck the rear of the Oswell's Chevy Cobalt, killing him at the scene. His passenger, 25-year-old Thomas McCauley, was seriously injured in the accident and flown to Christus Spohn Hospital in Corpus Christi. The truck driver was not injured in the accident.
Commentary I hope the injured man recovers from the accident. Though the Victoria Advocate's position on the accident appears to place fault on the driver of the passenger car, I can say from experience that a third party investigation should be used for liability purposes, as commercial vehicle accidents are rarely the fault of one singular party. For instance, the news feeds mention nothing of the speed of the 18-wheeler prior to the accident. Though the driver of the passenger vehicle may still incur some liability, if the truck driver was exceeding the speed limit, this could have had a tangible effect on the accident. The articles do note some eyewitness testimony, but this bit of information is concretely expounded by downloading data from the truck's Electronic Control Module (ECM). Again, this scenario may only shift liability from full to partial, but speaks to a victim or their survivors not having to shoulder the full burden of an accident if their actions do not merit it.
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