It’s not clear whether famed New York Yankees catcher Yogi Berra really said, “It’s like deja vu all over again,” but the phrase is widely attributed to him, nevertheless.
As we report to you the third – yes, third – instance of a roll-away truck wreaking havoc here in North Carolina in recent months, we think we know what he meant.
Truck Rolls into Car… Car Rolls into Restaurant
This time, a flatbed tractor-trailer was reportedly parked across from a restaurant in Hope Hills when it began to roll. As the big truck gained momentum, it struck an automobile, which in turn plowed into a nearby restaurant. Amazingly, no one was hurt, as the car was not occupied and the people who had been sitting at the table nearest the point of impact by the car had “just gotten up and left,” according to a representative of the restaurant.
The news report did not indicate whether the truck driver was cited by police for his actions – or, rather, inaction – in causing the accident. It is likely that the truck driver and/or his employer will be held liable for damages to both the car and the restaurant, should the owners thereof chose to pursue a negligence action. (In a negligence case, the plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant owed a legal duty, that the duty was breached, that the plaintiff sustained damages, and that there was causation between the breach of duty and the damages.)
Why Do Truck Roll-Away Accidents Keep Happening?
Unless there is a mechanical problem with a particular truck, a trucker should be able to prevent a roll-away accident simply by engaging the parking brake before exiting the rig. Unfortunately, some drivers neglect to do this. But why? What could be so important as to neglect a two-second task that will prevent property damage, personal injury, and possibly even death?
In the case of the trucker whose roll-away construction truck killed a young boy in a Hillsborough, North Carolina subdivision late last year, the driver reportedly left his truck in order to “use the restroom.” That driver, a Mexican national who has been in the United States illegally for over a decade, recently pled no contest to misdemeanor death by vehicle. Federal officials from the U.S. Immigration and Customs Enforcement have obtained a detainment order against the driver, whom they claim was also convicted of driving under the influence back in 2009.
Been Injured by a Negligent Trucker?
North Carolina truck accident attorney Carl Nagle has handled truck accident cases from many different angles – as a claim adjuster, as an attorney for the insurance industry, and now as a plaintiff’s attorney. This gives him the insight and experience necessary to take on even the most difficult negligence and recklessness cases against the trucking industry. For a free consultation, call us at (800) 411-1583. We serve clients throughout the State of North Carolina, including Raleigh, Hickory, Asheville, and Chapel Hill.
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