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Fatal Gastonia Trucking Accident

Posted by: euser
August 08, 2006
Topic: Truck / Airplane / Boating Accidents

Wrecks involving Semi / Tractor Trailor Trucks are serious and all too often, lethal.  There are protections afforded motorists against such deadly accidents regarding the methods of operation, insurance, training & licenses of Class A & Class B CDL (Commercial Drivers' License) operators and standards regarding control of the vehicles.
 
The recent tragedy that took place in Gaston County serves as a reminder for the need to be ever vigilent in operating the massive machinery.  Drivers are required to:
 
1.  Operate the Commercial Vehicle in such fashion as it can be safely stopped and parked without causing damage to persons or property.
 
2.  Maintain the truck, confirming it is roadworthy or otherwife safe to travel the roads of North Carolina.
 
3.  Fill Out Log Books regarding driving hours, loads and operations.
 
4.  A lower standard of proof has been established for offenses involving impaired driving and relatively recently, the ability to obtain an PJC or Prayer for Judgment Continued has been eliminated for Commercial Drivers operating their trucks. 
 
5.  Trucking companies normally carry insurance or provide proof of "self insurance" for claims.  In many instances, the truck is separately insured from the trailor itself. . .meaning two levels of coverage may be available in claims.
 
What is most disconcerting about the Gastonia case is the fact that the vehicle was parked in the middle of the road.  It appears the emergency or parking brake was not set. 
 
The standard for bringing criminal charges for "Death by Motor Vehicle" are extremely low.  Misdemeanor cases require simply that someone have been killed and that any rule of the road (law) not be followed.  Immediate suspension of a license is required by statute, for one year, regardless of intent to harm. 
 
Civil suits may be filed against operators and the owner of the vehicle normally for claims involving negligence and failure to properly maintain, train or supervise.  Trucks must be operated and maintained with reasonable care, making certain not to harm others due to negligence.
 
See the article below:  http://www.wbtv.com/news/topstories/3404746.html
 
Charges may be filed against the driver of the transfer truck involved in a deadly accident in Gastonia early Saturday morning. Investigators say the driver of the truck, Vincent Lowery, did not set the parking brake when he parked it in the center turning lane of Cox Road.

A woman was killed when the unoccupied tractor-trailer truck rolled down Cox Road, crossed the off ramp, rolled down an embankment and entered the southbound lanes of the interstate.

Interstate I-85 was closed for over 4 hours due to the investigation and removal of the wreckage.

Maria Raquel Alvarez Gallardo,42, was killed when the SUV she was driving struck the trailer. Police say six passengers in the vehicle were taken to Gaston Memorial Hospital. Gallardo was from Harnett County. Police say she and the people with her were on their way to vacation in Mexico.

The wreck is still under investigation. No charges have been filed at this time. Gastonia Police will meet with the District Attorney of Gaston County to determine what charges will be filed against Lowery.



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