On the job accidents may result in a wrongful death lawsuit. This case is a good example of that in action.
This case that we heard about took place at a rather well-known theme park and involved the death of a young man who was driving a monorail train. The 21-year-old was at work at the time of the accident and thus the employer would have a degree of liability in this wrongful death lawsuit.
Andy Wonber (name has been changed to protect the identity of the victim and his family) was a monorail train operator at a theme park/resort. He was on duty the day of the fatal accident and was killed when another monorail switched tracks and backed into him. While still alive when he was pulled out of the crushed monorail, he very shortly thereafter succumbed to his injuries.
In filing a wrongful death lawsuit, Andy’s family alleged that safety procedures which could have prevented the fatality weren’t in practice at the time. Evidently, the investigation of the incident indicated that the monorail system coordinator wasn’t at the center console when the wreck took place.
It also turned out that another employee, also on duty at the time of the accident, mistakenly activated a track switch, which caused the deadly collision. Occupational Safety and Health were called in and a fine was issued after other violations were discovered in the same location.
Based on the evidence in the investigation report, Andy’s family has a solid wrongful death case. There are obvious signs of negligence and recklessness at play in this incident. In instances like this, the courts would likely award damages for pain and suffering, medical expenses prior to Andy’s death, funeral expenses, and loss of companionship, etc. They may also consider punitive damages based on what else may have been in the accident investigation report.
If you have been in a similar situation, or have lost someone due to the negligence or carelessness of someone else, make a call to an Austin personal injury attorney. Have the details of your potential case discussed and assessed, find out what your rights are, and make sure the case is filed prior to the Statute of Limitations running out.
Wrongful death cases are never easy for the family, which is why it makes sense to hire a seasoned and compassionate Austin personal injury attorney, one who is familiar with fatal accidents and will go to bat for their client’s rights.