Keith, Family, Win Wrongful Death Suit of father

tyler811

Diamond Member
Jan 27, 2002
5,387
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I dont care how well your brakes work. If someone veers across the centerline, then you will collide.


According to evidence presented at trial, a charter bus owned by the Rodriguezes was "in urgent need" of brake repairs before H.K. Covel was killed in the March 2001 accident on Interstate 35, said attorney Greg Dixon, who represented Keith's family. The Rodriguezes had been advised of the brake problem before Covel's truck crossed the center median and struck the bus, he said.


Another article




 

cjchaps

Diamond Member
Jul 24, 2000
3,013
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I don't quite understand what happened here.

Is this the sequence of events:

1)Covel was driving a truck which was bumped by another vehicle.
2)Covels truck swerved into the center lane and hit the Rodriguezes bus and covel died

The Rodriguezes were sued because they had bad brakes on their bus and there wouldn't have been an accident if their brakes had been working properly?
 

Doodoo

Golden Member
Feb 14, 2000
1,423
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"The jury found no fault on the part of Mr. Covel in the wreck that claimed his life,"

WTF??? Where did they find the morons for this jury?
 

Pacfanweb

Lifer
Jan 2, 2000
13,149
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Nope, you're wrong.

It later learned another vehicle had bumped the truck and filed a wrongful death lawsuit to clear Covel's name, Dixon said.

Toby Keith's dad, Mr. Covel, was bumped by another vehicle, which caused him to cross the line. Not his fault he crossed the line, and if the bus he hit had had properly working brakes, he wouldn't have died.
Now if Mr. Covel would have had a heart attack or seizure that made him cross the line, maybe I'd agree with you, but regardless of why he crossed the line, everyone is responsible for keeping their vehicle in safe working order.
You also have to remember that the article linked just a brief synopsis about an entire trial. Lots of details left out, I'm quite sure.
 

cjchaps

Diamond Member
Jul 24, 2000
3,013
1
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Originally posted by: Doodoo
"The jury found no fault on the part of Mr. Covel in the wreck that claimed his life,"

WTF??? Where did they find the morons for this jury?

If I am reading it right I would say Mr. Covel was not at fault either. If another vehicle hit his truck which caused him to swerve into a lane of oncoming traffic it's not his fault. It is the fault of the vehicle that hit him.

And I guess if the Rodriguezes bus could have stopped in time before hitting the truck that was in their lane it is partially their fault for being cheap asses and not fixing the breaks on their trucks. If you are on the road it is your reponsibility to have vehicle that can operate safely. If your breaks don't work you shouldn't be driving.
 

MetalMat

Diamond Member
Jun 14, 2004
9,692
36
91
Thats like saying that jumping off a bridge to your death is the grounds fault, it should have had a trampoline there.
 

Eymar

Golden Member
Aug 30, 2001
1,646
14
91
Originally posted by: cjchaps
I don't quite understand what happened here.

Is this the sequence of events:

1)Covel was driving a truck which was bumped by another vehicle.
2)Covels truck swerved into the center lane and hit the Rodriguezes bus and covel died

The Rodriguezes were sued because they had bad brakes on their bus and there wouldn't have been an accident if their brakes had been working properly?

That is what the jury deemed based on this article.
 

Pacfanweb

Lifer
Jan 2, 2000
13,149
57
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Originally posted by: Doodoo
"The jury found no fault on the part of Mr. Covel in the wreck that claimed his life,"

WTF??? Where did they find the morons for this jury?
How is he at fault for being hit and forced across into another lane?
 

Pacfanweb

Lifer
Jan 2, 2000
13,149
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An expert witness testified that Covel would have lived if the bus has been equipped with proper brakes and the driver had been properly trained to drive the bus The evidence in the case revealed the bus driver, David Perez, was not trained to drive a commercial bus and did not have a commercial driver's license. The jury concluded the accident was "clearly avoidable,"

So...bus is diagnosed with brakes "urgently" in need of repair in November. Owner does not have repairs done. Driver is also not licensed or trained to operate said bus.

March: Brakes still not repaired, driver still not licensed, still not trained to drive bus. A pickup is hit by another vehicle and forced in front of the bus. Bus strikes truck and kills the driver.

Expert witness says that with the proper repairs and driver training, accident was avoidable.

Jury agrees. Case closed.
 

Doodoo

Golden Member
Feb 14, 2000
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Originally posted by: Pacfanweb
Originally posted by: Doodoo
"The jury found no fault on the part of Mr. Covel in the wreck that claimed his life,"

WTF??? Where did they find the morons for this jury?
How is he at fault for being hit and forced across into another lane?

If he was bumped then I could see that it wasn't his fault. I also don't think its the bus's fault either.
 

Pacfanweb

Lifer
Jan 2, 2000
13,149
57
91
Originally posted by: Doodoo
Originally posted by: Pacfanweb
Originally posted by: Doodoo
"The jury found no fault on the part of Mr. Covel in the wreck that claimed his life,"

WTF??? Where did they find the morons for this jury?
How is he at fault for being hit and forced across into another lane?

If he was bumped then I could see that it wasn't his fault. I also don't think its the bus's fault either.
Did you read either article, particularly the second one? The accident could have been avoided. The bus had urgently needed brake work for over 4 months, the driver wasn't trained to operate the bus, and the driver wasn't licensed to operate the bus.

Plus, and expert testified that the accident was avoidable is the bus had brakes and a competent driver.

How is that not the transport company's fault?
 

gingerstewart55

Senior member
Sep 12, 2007
242
0
0
Originally posted by: Doodoo
Originally posted by: Pacfanweb
Originally posted by: Doodoo
"The jury found no fault on the part of Mr. Covel in the wreck that claimed his life,"

WTF??? Where did they find the morons for this jury?
How is he at fault for being hit and forced across into another lane?

If he was bumped then I could see that it wasn't his fault. I also don't think its the bus's fault either.

Geez, living up to your nickname, eh?

Read this again:

Bus is diagnosed with brakes "urgently" in need of repair in November. Owner does not have repairs done. Driver is also not licensed or trained to operate said bus.

March: Brakes still not repaired, driver still not licensed, still not trained to drive bus. A pickup is hit by another vehicle and forced in front of the bus. Bus strikes truck and kills the driver.

Expert witness says that with the proper repairs and driver training, accident was avoidable.

Jury agrees. Case closed.



It's not real hard, except for dodos, or people named after fecal matter.......(HINT: the bird is a dodo....doodoo is the little kid name for feces.)
 

tyler811

Diamond Member
Jan 27, 2002
5,387
0
71
Originally posted by: Pacfanweb
Nope, you're wrong.

It later learned another vehicle had bumped the truck and filed a wrongful death lawsuit to clear Covel's name, Dixon said.

Toby Keith's dad, Mr. Covel, was bumped by another vehicle, which caused him to cross the line. Not his fault he crossed the line, and if the bus he hit had had properly working brakes, he wouldn't have died.
Now if Mr. Covel would have had a heart attack or seizure that made him cross the line, maybe I'd agree with you, but regardless of why he crossed the line, everyone is responsible for keeping their vehicle in safe working order.
You also have to remember that the article linked just a brief synopsis about an entire trial. Lots of details left out, I'm quite sure.

edit
 

Turin39789

Lifer
Nov 21, 2000
12,219
8
81
Originally posted by: tyler811
Originally posted by: Pacfanweb
Nope, you're wrong.

It later learned another vehicle had bumped the truck and filed a wrongful death lawsuit to clear Covel's name, Dixon said.

Toby Keith's dad, Mr. Covel, was bumped by another vehicle, which caused him to cross the line. Not his fault he crossed the line, and if the bus he hit had had properly working brakes, he wouldn't have died.
Now if Mr. Covel would have had a heart attack or seizure that made him cross the line, maybe I'd agree with you, but regardless of why he crossed the line, everyone is responsible for keeping their vehicle in safe working order.
You also have to remember that the article linked just a brief synopsis about an entire trial. Lots of details left out, I'm quite sure.

edit

Also seems to me that the person who bumped him into the other lane is the one at fault. And yea if the bus had room to stop then the truck should have been able to correct a little "bump", but I didn't actually click on any links or bother to read any articles so me = FTL.
 

PimpJuice

Platinum Member
Feb 14, 2005
2,051
1
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Originally posted by: MetalMat
Thats like saying that jumping off a bridge to your death is the grounds fault, it should have had a trampoline there.

wow, stay in school
 

Pacfanweb

Lifer
Jan 2, 2000
13,149
57
91
Originally posted by: PimpJuice
Originally posted by: MetalMat
Thats like saying that jumping off a bridge to your death is the grounds fault, it should have had a trampoline there.

wow, stay in school
Seriously.

Everyone that drives has the responsibility of making sure the vehicle they are driving is safe for them and others.

Everyone that drives is responsible for doing their utmost to avoid accidents and injury to others.

The driver of this bus didn't fufill either responsibility. So it really doesn't matter WHAT type of accident he was unable to avoid because of an unsafe vehicle, and no training or license to operate that vehicle.

He could have hit someone from behind....it doesn't matter. He didn't do what he was supposed to in order to avoid this accident.
"Failure to reduce speed to avoid an accident". This is a real charge that can be filed. Doesn't matter if you were simply looking the other way, texting, or if you were knowingly driving an unsafe bus that you weren't trained or licensed to operate in the first place.

Funny thing about this wreck was, the authorities were just going to let it go with no charges. Toby Keith is the one who found out someone hit his dad and caused him to cross over the median.
 

KK

Lifer
Jan 2, 2001
15,903
4
81
I'd like to see the information on how bad the buses breaks were and how much time the bus had to avoid the accident. For some reason I don't believe they weren't as bad as they were made out to be and believe that the bus didn't have ample time to adjust for the car coming into its lane.
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
Originally posted by: gingerstewart55
Driver is also not licensed or trained to operate said bus.

Sidenote: Don't they let people operate Class A motor homes without ANY training beyond a regular driver's license? Seems moronic to me.
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
what kind of idiot knows a BUS has break problems and does not fix it. i guess the same type that does not get a someone trained and licensed to drive it.

WTF thats just idiotic.

the guy that bumped the truck and the bus driver are at fault. sheesh it blows my mind that poeple would drive something that large that is unsafe. hell why would you drive a damn yugo that is unsafe?
 

Pacfanweb

Lifer
Jan 2, 2000
13,149
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Originally posted by: KK
I'd like to see the information on how bad the buses breaks were and how much time the bus had to avoid the accident. For some reason I don't believe they weren't as bad as they were made out to be and believe that the bus didn't have ample time to adjust for the car coming into its lane.
So you believe the expert witness, plus the shop that told the bus owner 4 months prior that the brakes needed "urgent" repair are lying? Seriously...this all just took place in a court of law. I'm quite sure there were pictures of the brakes and documentation from the repair shop that looked at the bus 4 months prior.
 

Pacfanweb

Lifer
Jan 2, 2000
13,149
57
91
Originally posted by: jagec
Originally posted by: gingerstewart55
Driver is also not licensed or trained to operate said bus.

Sidenote: Don't they let people operate Class A motor homes without ANY training beyond a regular driver's license? Seems moronic to me.
I agree....what's weird and scary to me is, most of the people buying these bus-sized motor homes are retired people.....and some of them are getting up there in age....exactly the type of folks who should NOT be driving such a huge vehicle.