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Johnny Langton Killed in 5-Car Accident in Beaumont, Texas
According to the Beaumont Enterprise, a man was killed and two others injured in a 5-car collision in Beaumont, Texas. The wreck occurred at 3:03 p.m. Wednesday, December 28 when police believe a Jeep Cherokee was driving at a high rate of speed and erratically along the Eastex Freeway. The driver of the Jeep lost control of the vehicle, struck the freeway median and then hit another vehicle. 36-year-old Johnny Langton was killed in the accident and has been identified as driving for the company Electrical Specialties Ford. Two other unidentified drivers were injured.
Commentary The Beaumont Police have not released all the details of the accident, but even with their report, a separate investigation should be used for liability purposes and determine if any civil remedies exists for injured victims and survivors of the deceased. For the latter, the most common remedy could be a wrongful death lawsuit, given the proper circumstances. To have standing in a wrongful death claim, a party must be identified as liable. From there, the party's actions or inaction prior to, and during, the accident must be deemed negligent. If the report's are accurate and the driver of the Jeep was driving erratically and at an unsafe rate of speed, that could reach the threshold of negligence. This threshold is simply a measure of reasonableness compared with the actions of the liable party. Negligence is probably the single greatest hurdle a wrongful death claim must overcome to be successful. Beyond that, a lawsuit must be initiated by survivors of the victim who are eligible, under Texas laws, to file on the victim's behalf, and they must be able to prove loss of financial faculties from the accident. It should also be noted that the man driving for the company could have a claim with Texas Workers' Compensation if he was operating within the scope of his employment. This is an administrative claim triggered within the system and is separate from any wrongful death or personal injury motion.
Update: A witness of sorts has come forth in relation to this accident and has provided some information. The accuracy of this information has not been confirmed, but the witness, who wishes to remain anonymous, was adamant that we share this information publicly. She claims that a party involved in this accident was also involved in another accident approximately one month prior. Allegedly, the first accident involved this person rolling their vehicle after losing control while traveling at a high rate of speed. The witness explained that there were allegations of driving while under the influence of prescription drugs as a causal factor in the first accident, and that a CPS investigation also resulted from this collision. Whether or not this information is accurate or if it is even relevant to this particular accident, we cannot say. However, we can state that the witness claims to know the defendant and she seemed legitimately concerned about sharing this information.
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