Cyclist’s Wrongful Death Should Never Have Happened

Wrongful death cases happen far too often. This case is a sad example of a dangerous driver allowed to continue driving.

“We heard about this unusual case just recently and were struck by not only how negligent the driver of the truck was, but by how negligent his employer was as well. The story involves a cyclist who was hit and killed by a city dump truck during the summer months. The driver of the truck said he never saw the man,” recounted Austin personal injury attorney Beverly Aylmer of Lee, Gober & Reyna.

On the surface, this might make sense if the cyclist was behind the dump truck and in the driver’s blind spot. “Thankfully the family went to a skilled personal injury attorney wanting to file a wrongful death lawsuit and insisted the matter be looked into, as they knew for a fact their beloved father would not be careless enough to get in the way of a moving dump truck,” added Aylmer.

What the subsequent investigation eventually turned up was that the dump truck driver had one of the worst driving records anyone had ever seen. Many of the accidents on the driver’s extract showed him to be the at-fault driver. This particular situation was apparently just another one in a long string of negligent accidents.

In this case, while on duty as a city employee, the dump truck driver stopped at his union hall for a drink. He left by driving down a very narrow alley with extremely limited visibility and went to turn onto the main street at the end of the alley. The turn was fairly tight and as the driver was negotiating that turn he struck the cyclist, trapping him under the plow blade and dragging him 90 feet. The truck driver said he didn’t know he’d hit anyone until he saw the body in the rearview mirror and thought he heard a strange sound.

The cyclist managed to hang on to life for a short while as a passerby try to help him. He sustained horrendous injuries that included broken ribs and pelvis and one ear torn from his head. He didn’t stand a chance of surviving the multiple injuries. The police didn’t lay charges in the case, stating they didn’t know who was responsible for this accident. The dump truck driver was suspended, but returned to work.

“The personal injury attorney investigating this matter discovered over 21 incidents on the dump truck driver’s record; enough mayhem to determine the man should never have been driving, let alone be allowed to continue to handle vehicles in his capacity of working for the city. His most recent infraction, rear-ending a stopped van, had occurred two weeks before he killed the cyclist,” said Aylmer.

Cases like this need to be discussed with a dedicated and compassionate personal injury attorney with experience in this area. An Austin personal injury lawyer who aggressively represents their clients in situations just like this one,” added Austin personal injury attorney Beverly Aylmer of Lee, Gober & Reyna, Austin, Texas.

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