Robert Lee Garcia Killed in 18-Wheeler Accident in Victoria, Texas
According to the Victoria Advocate, a man was killed and 4 others injured in an accident involving an 18-wheeler and a passenger van in Victoria, Texas. The wreck occurred around 7:30 a.m. Wednesday, February 15 when a semi truck attempted to cross two lanes of traffic on U.S. Highway 59 and struck the rear of the van. 30-year-old Robert Lee Garcia, who was seated in the right rear of the van, was killed in the accident. 4 other passengers within the van were also injured. As the accident was being sorted, another 18-wheeler struck the van again, further injuring passengers. They were taken to Citizens Medical Center with unknown injuries. Fog is cited as being a factor in the accident.
Commentary I've mentioned in other blogs that while fog or weather conditions certainly can play a role in a motor vehicle accident, those conditions also force the actions of a driver to change as well. In other words, driving with the high beams on, failing to defrost a windshield, or in some instances even driving the posted speed limit (and not reducing speed when necessary) could be actionable behaviors. You see, in determining if civil remedies are available to a victim or their survivors, negligence or a breach of duty should always be discussed. Taking out the legalese speak, these essentially mean pairing a party's actions within the proscribed setting, with what a reasonable person may expect at the time of an accident. So the question becomes, would a reasonable person expect that truck driver to change 2 lanes of traffic, in reported heavy fog? I know my answer to that, but it would be prudent to back this up with a meticulous investigation into the accident, aside from the police reports. This is because even in situations where liability is very favorable to a victim (favorable meaning their actions are not in dispute), there is no law that says they must be compensated for their injuries. As with any other case, a wrongful death plaintiff will always be tasked with proving the merits of their litigation and indeed will face staunch opposition in doing so. With commercial vehicle insurance policies bordering, and in most cases surpassing the million-dollar mark, even in situations where another party is completely at fault, this opposition from the defendant will be strong.
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