• February 20, 2017

Miguel Martinez, Alejandro Flores Die in Major Co., OK, Accident

Major County, OK -- February 19, 2017, Miguel Martinez and Alejandro Flores were killed following an accident where their pickup was hit by an 18-wheeler.

According to investigations released by the Oklahoma State Highway Patrol, the accident happened around 8:20 a.m. near the intersection of State highway 8 and a smaller county road.

Their reports state that 32-year-old Jared Sisco was attempting to turn onto northbound Highway 8. He allegedly failed to yield at a stop sign and entered the path of 29-year-old Martinez's oncoming vehicle. As a result, the 18-wheeler crashed into the driver's side of the vehicle.

As a result, Martinez and one of his passengers, 29-year-old Flores died at the scene of the accident. Another two passengers from the pickup were treated for injuries, one of which reportedly suffered serious injuries. Sisco was treated and released shortly afterward.

At this time, authorities have not said if any charges or citations are being considered. Their investigations are ongoing.

Map of the Area


The common thought when reading a fact pattern like this one is that it's an open and shut case, right? Truck driver ran a stop sign, end of story. Well, truck accidents are often more complicated than that, and this accident is probably no exception.

Some news reports have said that there was a lot of fog in the area when the accident happened. I can almost guarantee you that the trucking company's defense will say the fog was to blame for the accident. Hypothetically, they'll say that the truck driver couldn't see the stop sign due to limited visibility, so it wasn't his or her fault for failing to yield.

Here's the thing. There are basically two scenarios with fog. The first scenario, a driver would determine the fog is simply too thick to safely drive. Therefore, the best course of action is to safely pull off the road and wait for it to clear up. The second scenario is that the fog can be safely navigated if the driver adjusts their speed appropriately. In either scenario, there is no excuse for running a stop sign. If a fog is so thick you can't see a stop sign, then it is your responsibility to make whatever adjustments necessary to not put yourself and other drivers at risk.

So why in the world would a trucking company make this argument? How could it be successful? It may come as a surprise that these sorts of excuses often work at helping trucking companies either minimize their liability or avoid it altogether. Without proper evidence and a solid case to counter such an argument, juries can be persuaded but what, on the surface, seems to be an acceptable excuse. However, these tactics can be overcome by ensuring that an independent professional looks at the case. By collecting tangible and reasonable evidence, shoddy arguments made by trucking companies won't have a leg to stand on, and victims and their families can pursue the justice that they deserve.

--Grossman Law Offices



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