MITCHELL COUNTY, TX (via KCBD) –
One person has died an another has been critically injured after two pedestrians were struck by a truck tractor/semi-trailer in Mitchell County on Tuesday.
Texas DPS tells us two pedestrians were standing off of the roadway near IH-20 in the north barrow ditch following a previous crash. A truck tractor/semi-trailer was traveling West on IH-20, swerved to avoid hitting a disabled vehicle from a previous crash, and went into the barrow ditch, striking the two pedestrians.
32-year-old Skyler H. Anderson of Gilmer was pronounced dead at the scene.
65-year-old Oscar A. Garcia of Dallas was taken to University Medical Center in Lubbock with critical/incapacitating injuries.
The driver of the truck was not injured.
The crash happened 13 miles West of Colorado City in Mitchell County.
Texas DPS says this information is based on the preliminary crash report and that this accident is still under investigation.
Commentary: The Semi-Truck was definitely negligent here. The truck driver had a duty to maintain his vehicle and drive at a safe speed so as not to be a danger to others on the roadway. The two pedestrians that were injured will have causes of action for negligence, negligence per se and potentially gross negligence against the truck driver and the trucking company.
The deceased person’s family may have both wrongful death and survivorship claims against the truck driver and trucking company. Both the deceased person and the severely injured man will be entitled to money damages that cover medical bills, lost wages, pain and suffering, mental anguish and other various avenues of recovery.
This will be a long road ahead. It is hard to attempt to fight against a trucking company and its insurance company alone after the loss of a loved one or when a loved one has been catastrophically injured. Speaking to an attorney about fighting for your loved one is always the best choice in such a hard time.
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