According to a recent report, a 30-year old driver was observed driving down Interstate 75 in the wrong direction earlier this month. His vehicle crashed into to a tanker truck, causing a spectacular explosion. The wreck was caught on film and showed that the collision caused a huge fireball. The driver going the wrong way was killed. The driver of the tanker was fortunate to escape the incident with minor injuries. Officers had to let the fire run its course before they could apply foam and begin to manage the Interstate. Traffic had to be shut down in both directions at parts of the Dayton Interstate, and a hazardous materials unit was called to the accident scene.
Liability issues in this type of case
The driver may have been going the wrong way for several reasons – each of which could have caused the collision. Some of the issues an experienced Ohio truck accident lawyer would explore are:
- Was the driver intoxicated? Anyone who operates a vehicle while drunk suffers compromised control of his mental and physical abilities. Seriously intoxicated drivers may fail to realize they are driving on the wrong side of the road until it is too late. When a driver is killed at the accident site, a blood test, if possible, may be used to determine blood alcohol level. The driver’s whereabouts before the crash can also be investigated.
The family of the driver may have a wrongful death dram shop claim against any vendor that served the wrong-way driver liquor. The key elements of an Ohio dram shop violation are that the person was visibly intoxicated, yet the vendor continued to serve that person alcoholic drinks.
- Was the driver distracted? Texting while driving, talking on a smartphone, eating, personal grooming, fatigue, or any other distraction could have resulted in the driver ending up on the wrong side of the roadway.
- Was the driver negligent? Since there is no right reason for going the wrong way down an interstate, the driver is certainly liable for his own his careless and reckless conduct.
The truck driver who was injured and the trucking company whose truck and cargo went up in flames would have the right to bring a claim against the driver’s estate. They would also have the right to assert a dram shop violation against a vendor who served a visibly intoxicated driver.
If you or a loved one was injured in any type of collision with a truck, the lawyers at Crandall & Pera Law can help. Our Ohio truck accident lawyers understand why such accidents happen, how to prove fault, and how to determine liability for any type of accident. For help now, please call 877.686.8879 or complete our contact form to schedule an appointment.