• March 02, 2017

John Turner Killed, Corbin Massey, Martin Bustos Injured in Tyler, TX, Trailer Accident

Tyler, TX -- March 1, 2017, John Turner was killed, Corbin Massey and Martin Bustos were injured in an accident where loose cargo caused a crash.

According to investigators from the Texas Department of Public Safety, the incident happened late Wednesday night near the intersection of Tollway 49 and Highway 64.

Preliminary reports indicate that a Chevy Silverado, driven by 23-year-old Turner, was traveling northbound along the tollway as a Ford pickup was traveling southbound. The Ford was hauling a Ford Mustang on a trailer, and the car somehow came loose and fell off the trailer.

The Mustang crossed over the center line into northbound lanes, crossing paths with the Chevy. This resulted in a head-on collision.

Turner was killed in the accident. 27-year-old Massey and 21-year-old Bustos, passengers in the Chevy, were transported to East Texas Medical Center with unspecified injuries.

Authorities did not say if any citations were being considered for the accident. Investigations are ongoing.

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Commentary

Whenever there is a claim against somebody for an accident, the burden falls upon the plaintiff to prove that negligence occurred. In a situation like this one, there are very few scenarios in which negligence wasn't the cause of the accident. There is actually a theory of negligence in civil law that addresses this called res ipsa loquitur.

Sounds fancy, but it's not so complicated. It translates to, "the thing speaks for itself," and when applied to negligence, it basically means that the accident could not have happened without some sort of negligence. In an accident like this, there are really only two likely scenarios. One is that the driver of the Ford didn't fasten the load properly, and the other is that whatever was holding the Mustang in place malfunctioned. The only difference in these scenarios is whether the driver or some products manufacturer should be held liable--odds are on the former.

Whatever the case, there still needs to be evidence to support any claim of negligence after an accident. There will need to be a thorough investigation to determine exactly what caused the car to come loose so that those affected by this accident can find justice.

--Grossman Law Offices

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