Luis Moreno Bernal Killed in 18-Wheeler Accident in Odessa, Texas
According to the Odessa American Online, a driver was killed in an accident with an 18-wheeler in Odessa, Texas. The accident occurred around 6:45 a.m. Friday, January 13 when police believe the driver of a silver GMC SUV was traveling eastbound on Interstate 20 when they lost control, swerved in westbound lanes and struck an 18-wheeler. The driver of the GMC was pronounced dead at the scene. The name of the victim has not been identified, pending investigation.
Update: The driver has been identified as 20-year-old Luis Moreno Bernal.
Commentary Immediately, the question comes to mind, what led to this vehicle swerving out of their lane, across a median, and into oncoming traffic? The next thing I would want answered is if this could have been prevented. To answer these and others, a third party investigation should be used for accident recreation and liability purposes. In regards to civil law, this investigation is significant in determining if any remedies exist for survivors of the accident victim. The first issue I see is evidence spoliation. If the vehicle was indeed totaled, roadside cleanup may damage or destroy the evidence in an effort to clear the interstate. Conversely, a trucking company may be repairing the 18-wheeler in question as we speak. This makes inspecting the vehicles and ascertaining a cause very difficult. A plaintiff's claim is further hindered if a trucking company has sent defense attorneys and adjusters to the accident scene for their own investigation. The fact of the matter is a victim in a commercial vehicle accident is up against it from the beginning, as huge insurance policies make liability mitigation priority #1 for a trucking company.
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