What happens when a commercial vehicle isn’t properly maintained and because of that, experiences a malfunction that results in catastrophic injuries? Your life won’t be the same, that is indisputable, but in addition to acclimating to all of the various challenges of your new life with injuries, what recourse do you have against the financial burdens that you are now saddled with? Somebody should pay. That somebody should not be you.
Less than one year ago, a woman and a child passenger both became amputees after they were partially thrown from a vehicle that rolled over after striking a guardrail in West Deptford Township, New Jersey. The vehicle struck the guardrail after its driver swerved to miss debris from a tire blowout experienced by the commercial cement truck occupying a northbound lane in front of the victim’s vehicle. The victim’s vehicle also caught fire, which witnesses coming onto the scene were able to extinguish.
While the case is experiencing delays, a victim is pursuing damages from the driver of her vehicle as well as the company that owned the concrete truck, the tire distributor and its affiliate. The primary charge is negligence.
The company operating the vehicle must perform routine maintenance on its fleet and, theoretically, should catch any potential for tires with worn tread that could result in a blowout. So it is not far-fetched to think that they may be held responsible. What will be interesting is to see whether or not the tire company is held responsible as well as the victim’s driver.
If you are in an accident and believe someone else’s actions resulted in your harm, you may benefit from an attorney who knows every avenue from which to pursue remuneration. You may now be burdened with physical, mental or emotional ailments but your financial situation may be resolved and even improved.
Source: PennRecord.com, “Decision on preliminary objections in car crash litigation continued until July,” Nicholas Malfitano, June 3, 2016