Last week, on what seemed to be an otherwise nice, sunny
afternoon, 8 motorcycles and 4
cars were stopped at a traffic light in
While waiting for the light to turn green--and with no
warning--a dump truck going too fast SLAMMED into
the group causing unimaginable damage and destruction.
Like something out of a
horror movie, the truck burst
into a ball flames. When all was said and done 4 of the motorcyclists
died. Others sustained
substantial and critical
injuries. It was shocking. It was tragic. And the entire
incident was the result of one driver's failure to control his speed.
What happens next?
First, the families of the injured and deceased will have to
take care of their loved ones. That is very clearly priority #1.
The dump truck driver may
well face criminal charges, although, to date, it has
been the policy of the
However, civil
liability for the deaths and injuries is
a virtual certainty. Four (4) deaths and horrific injuries to the survivors
(physical, mental and emotional).
The driver of the dump truck will be held liable, as will his
employer.
Some people might question why his employer is
responsible. In Arizona, when a person is acting in the scope of
employment, and causes an injury or damage, his employer is also held liable,
under several theories: 1) that the employee is really acting to further
the interest of the employer, 2) that the employer has the greatest degree of
control over training, supervision and actions of the employee and 3) that the
employer is the one that generally has insurance coverage in place to cover and
protect itself and the employee for accident like this.
How much insurance is needed for a horrible collision like
this? There is no good answer to that question, but let it suffice to
say: a whole lot of it.
What happens if the insurance for
the company and driver is insufficient to adequate cover and compensate the
families and the injured for their damages and losses?
There is no easy answer to that question. In
In my practice, I regularly handle cases that involve motor vehicle collisions of a severe
nature like this. I have many clients who were injured while riding
motorcycles. Handling these cases takes some specialized skill to wade
through the insurance company arguments and to find all avenues of coverage
that exist---particularly when there are many claimants all seeking the damage
payout from a single policy.
It's important for an accident victim to have a full
understanding of what is and isn't possible in pursuing the full damages owed
to them. Unlike what many may think,
the insurance policy limits of the responsible party may not be anywhere near what is needed to
compensate all victims and their families.
It is extremely important to get an experienced and board
certified injury attorney in a complex case like this. It is not just a
matter of “getting as much as you can”. It is a matter of understanding
all that is going to happen, it is a matter of understanding that you have
rights, and that there will be many legal issues to face other than making a
claim for money. An experienced, board certified attorney understands
all of these issues, doesn’t cost you any more than an inexperienced attorney,
and will be able to assist you, with the legal skills and compassion, through
the legal minefield that you have become involved in.
Our hearts go out to all that have been and will be affected
by this senseless tragedy.