Suspected Drunk Truck Driver Arrested After Fatal Motorcycle Crash
According to news reports, the driver of a semi-truck, who was involved in a fatal crash recently was arrested and charged for leaving the scene of the accident, and trying to hide the damage on the truck. Officials with Metro police say that a truck driver named Jose Oscar Gallardo-Lopez was traveling Westbound and turning into a warehouse from Nestor Street when it collided with an oncoming motorcycle driven by 25-year-old Dillon Andrew Osborne. Osborne was transported to Vanderbilt University Medical Center, but later died from his injuries.
Police say that Lopez left the scene and a witness reported seeing him trying to straighten out the bumper with a hammer. There were indications that he had been drinking and driving. They took a blood sample from him to determine whether Lopez was impaired at the time of the crash.
Civil Liability in Hit and Run Cases
If you are a victim of a hit run traffic accident, the possibility for recovery may be greater than in other types of accidents. To be sure, in hit and run trucking accidents, punitive damages are generally available when the wrongdoer intentionally or recklessly causes harm, or acts in a particularly egregious manner, which go above and beyond normal damage awards.
Because truck drivers are usually employed by a company, the doctrine of respondeat superior (also known as vicarious liability) will also apply. Vicarious liability means that an employers with supervisory authority over the employee will be held liable for their subordinates. This is based on the employer-employee contractual relationship between the two parties. The basic test for vicarious liability of an employer is whether the employee’s tort was committed within the scope of employment. If the employee was carrying out a duty of his job (ie. driving a truck delivery as a truck driver), then employers will be held liable.
The doctrine of vicarious liability was partially intended to provide access to deep pockets for tort victims. For victims who can sue a wrongdoer’s employer, it typically also means bigger compensation, as companies will typically have more financial resources than an individual.
Maximize Compensation for Truck Accident Injury and Wrongful Death.
Truck accidents often cause devastating injuries that may lead to piling medical bills and other costs. If you or someone you love has been injured in a trucking accident, you may be entitled to significant compensation. At Calhoun Law, PLC, in Nashville, we are prepared to discuss your case with you and provide you a list of your legal options. Reach out to us today for help.
