In many car accidents involving a rear end collision, the person suing will hold that the vehicle that struck them was coming up behind them too fast and that they failed to apply brakes in time. A case recently filed in Titus County alleges that a woman lost her life because she rear-ended a tractor-trailer that was going too slow for the road. According to the Southeast Texas Record, the survivors of the deceased woman are suing the trucking company over the death.
The accident occurred in April 2012. According to the lawsuit, the driver of the semi truck was driving slowly because there was a defect with the trailer. The lawsuit is filed as a product liability claim, because the trailer that was being used didn’t have rear under ride guards installed on it. The lawsuit also alleges that the driver of the vehicle was driving at an unsafe speed. While most claims involving an unsafe speed involve going too fast, this one alleges that the driver was going to slow.
Lawsuits alleging negligence on the roadways can be quite complex. A Texas wrongful death attorney may very well file a lawsuit alleging that a driver who caused an accident was driving too slow for the speed limit. There are cases where driving too slow does present a very real and very present danger to other people on the road. If you’ve ever seen someone driving too slow in the fast lane, you’re aware of this. Drivers that are driving too far under the posted speed run the risk of causing rear end collisions and can cause other drivers to have to compensate by slamming on their brakes and taking other drastic actions to avoid a crash. Because of that, driving too slow can, indeed, be a form of negligence.
If you’re not sure whether or not another driver was taking a negligent action and whether or not that negligent action was the proximate cause of you losing a family member, the best way to proceed is to speak with an attorney about the matter and to get their opinion on it. You may find out that the actions of the driver were, indeed, negligent and that you do have good grounds to file a lawsuit. This will require you to consult with an attorney to determine, which is generally a free service, provided that the attorney in question works on a contingency basis.