Becky Bernal Injured in Car Accident with 18-Wheeler in Victoria, Texas
According to the Victoria Advocate, a woman was injured in an accident
with an 18-wheeler in Victoria, Texas. The incident occurred around 7
p.m. Monday, January 16 when 56-year-old Becky Bernal was driving south
on Houston Highway. An 18-wheeler was backing out of a private driveway
onto the highway and was struck by Bernal's vehicle. She was taken to
Citizens Medical Center where her condition was unknown. The truck
driver was issued a citation for backing up when unsafe.
Commentary It seems
rather dangerous to back a tractor trailer onto a highway from the lot
of a private business. 18-wheelers do not exactly possess the
acceleration to avoid blocking a roadway. I also find it interesting one
news feed mentions the manager of the business was helping the trucker
back out onto the highway. Because multiple parties and actions
contributed to this accident, a third party investigation should be
conducted to reveal civil remedies available to the victim.
When a plaintiff has standing for a claim against the driver
of a rig, the claim is typically expanded to include the trucker's
employer, through agency law and respondeat superior.
Respondeat superior is a legal doctrine which holds an
employer accountable for the actions of their employees. To be
applicable, an employee must be operating within the course and scope of
their employment, and performing actions consistent with their job.
Agency law is not used to arbitrarily add parties to lawsuits, but
rather to enforce accountability. Think of it this way, if laws and
statutes were not in place to bind the relationship between employer and
employee, employers would have no incentive to accurately train their
staff, creating a dangerous workplace environment.
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