Burke County, GA — A collision between a passenger vehicle and a semi-truck left five unidentified people with injuries Thursday, June 15, 2017.
Media reports claim the two vehicles collided on Highway 25 around 12:15 p.m. It’s alleged the passenger vehicle, a Ford Expedition, was on the other side of a hill when the semi crested said hill, crashing into the rear of the Ford. The collision forced the Ford off the roadway, and caused it to roll. Two of the occupants within the Ford were ejected from within.
Five of the Ford’s occupants were hospitalized with what were described as “serious injuries.”
The investigation into the incident is ongoing.
map of the area
This reminds me of other truck accidents litigated by our firm over the years where a trucking company will invoke a crest, bend, or other obstacle in leading to an “unforeseeable” accident. While every driver has a duty to take into account potential issues with visibility to avoid an accident, there’s a more fundamental problem that arises with this argument. In each and every truck accident where the company made this claim, our team of investigators were unable to locate a single, crest, bend, or other obstacle at the scene.
Much like “phantom brake failure,” and the “mystery car” that magically appears to cut off truck drivers, disappearing in a puff of smoke, these “mystery hills” seem to appear at the scene of a truck accident, subsequently vanishing without a trace. Are these hills akin to vanishing oases? Are they a mirage?
So, why do trucking companies do this? While it may seem stupid to anyone with a modicum of common sense, trucking companies know in that in order for victims to shoot down their defense, you have to prove in a court that the hill doesn’t exist.
This may strike most people as patently absurd, but it’s an absurdity that causes real world harm to victims seeking justice. This is because the average person has no idea how to prove these “mystery hills” don’t exist.
This particular defense perfectly illustrates a general tendency for trucking companies whose drivers are at fault in truck accidents. The fact is, these companies know more than the average person how to deal with cases before a jury. They know to take advantage of this knowledge gap, and utilize it to avoid liability, simultaneously protecting their reputation, and their coffers.
Though it seems a mountainous task, there are plenty of experienced, knowledgeable, third-party accident reconstructionists capable of proving these “mystery hills” are as real as likely to exist as the Tooth Fairy, Bigfoot, and the Loch Ness Monster.
–Grossman Law Offices