Lee M. Schwalben, M.D., J.D., LLC
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Recent Tow Truck Accident Claims 3 Lives, Others Injured

When people are seriously injured or lives are lost in a crash here in Louisiana or elsewhere, the families of the victims have the right to file wrongful death claims against the party or parties deemed to be at fault. In a commercial truck accident in which the driver of the truck is considered responsible, the victims and/or their families may include the driver's employer as a defendant in the lawsuit. Sometimes, it can be a challenge to determine what company should be included in the lawsuit.

This could be the challenge that could face the families of three people who were killed and others who were seriously injured in an accident that recently took place. According to preliminary reports, a tow truck that was out-of-control careened through a fence and struck several people standing at a bus stop. It is not yet known whether the driver was speeding, impaired or what caused the driver to lose control of the truck.

The identities of the three victims who died have not been released. Furthermore, officials have not identified the driver or another male pedestrian who suffered severe injuries in the accident. Both individuals were last listed as still hospitalized in critical condition. The investigation into the crash remains ongoing.

The injured pedestrian and the families of the fatally wounded victims may conduct their own investigations into the crash. As part of that investigation, it will be necessary to determine the company, and its principals, that employed the driver at the time of the tow truck accident. Thereafter, it will be up to a Louisiana civil court to determine liability in this tragic accident. Once that ruling is made, a percentage of any damages awarded can be apportioned to each defendant found responsible for the crash.

Source: nola.com, "In aftermath of fatal tow truck crash in Mid-City, questions surround company", Beau Evans, Oct. 4, 2016