Fight for Fair Compensation SCHEDULE A FREE CONSULTATION
Blog Post


Nicoletti Walker Law Group Oct. 1, 2014

A dump truck crashed into a Ford Explorer, resulting in the death of the woman driving the SUV and her newborn baby. Just prior to the accident, a tire on the dump truck fell off of the vehicle, causing the driver of the truck to lose control. According to troopers from the Florida Highway Patrol, the dump truck was driving westbound in Volusia County, Florida, when the left front tire separated. Then, the truck crossed over the center line and collided head-on with the eastbound SUV. The driver of the dump truck also sustained serious injuries and was airlifted to Halifax Health Medical Center in Daytona Beach. He was released later the same day. An investigation is being conducted to determine what caused the tire on the dump truck to fail. The truck was purchased by the county in 2008, and maintenance records show that the truck underwent several tire repairs over the past few years.

What Legal Theories Could Be Used for The Victims to Receive Compensation for Their Injuries?

There are several possible legal theories that the loved ones of the deceased victims could use to be awarded compensation in a wrongful death lawsuit. The first would be a simple negligence action against the driver of the truck. The plaintiffs would need to prove that the driver failed to act as a reasonably prudent person would have acted under the same or similar circumstances, and that the driver’s failure to act properly resulted in the accident. Another option would be for the family of the victims to sue the employer of the driver under the theory of respondeat superior. Under that legal theory, an employer is legally responsible for the negligence of his employee if the employee’s actions were made during the regular course of business. Finally, the family could initiate a products liability action against the manufacturer or vendor of the tire.

What Do You Need to Prove to Win a Products Liability Action?

A victim may sue the manufacturer or vendor of a product, even if no one was at fault, if an individual was injured by the product. Any foreseeable victim can sue for damages, including guests, bystanders, and others with no direct relationship to the product. In order to win this sort of products liability action, an injured party must prove that the item was defective, the defect caused the injury, and that the defect rendered the product unreasonably dangerous. In the case involving the dump truck, it is possible that the victim’s families may be able to recover damages from the manufacturer and vendor of the tire if it can be proved that the accident was caused by a defect in the tire and that the defect rendered the tire unreasonably dangerous.

If you have been injured in a car accident and you think it might be the result of a defective product, then call the experienced Clearwater personal injury attorneys at Mike Walker Law for a consultation. We promise to do everything we can to help you obtain damages.