Solomon W. Roberts Dead Following Accident at Loading Dock Involving 18-Wheeler in San Antonio, TX
Local reports from the San Antonio Express-News indicate a man was crushed to death by an 18-wheeler on a loading dock in San Antonio, Texas. The incident happened about 9:30 a.m. Tuesday, January 3 when police believe 40-year-old Solomon Roberts was pinned by an 18-wheeler against a loading dock while helping with a delivery. Mr. Roberts was taken to San Antonio Military Medical Center where he was later pronounced dead. Authorities continue to investigate the incident.
Commentary One of the many things that stood out from some of the news articles was that there were no witnesses to the accident, other than the 18-wheeler driver. This makes it apparent that an independent investigation should be used to develop a civil strategy moving forward for survivors of the victim. In another blog here, I discussed the possibilities that could arise if this accident were treated as a work injury. However, the investigation could produce two other liable parties, given certain circumstances. The article makes mention of a truck driver who was mistaken as to where the decedent was located on the dock. Inattention or lack of awareness are indeed issues that could factor into a liability determination. From the emails I receive, I do know some of my readers would question the placement and awareness of the deceased worker as well. As I've explained in other blogs, liability is typically not an all-or-nothing proposition. In other words, very often more than one party plays a tangible role in an accident. It is the job of an investigation and subsequently a jury to unravel just how much of a role was indeed played. Liability on a trucker's end could force the inclusion of a trucking company to a wrongful death claim, on the basis of agency law and the legal concept of respondeat superior, which holds an employer accountable for the actions of their employees.
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