Lawsuit time? Woman Dies After Being Struck By Rock

[NFS4]

My housemate works for the DOT so he was telling me about the story and provided some details that haven't been updated in the news article yet.

- Contractor for the state was driving a dump truck full of rock for a road project. Truck was NOT covered and was exposed.
- Rock fell out bounced off the highway and smashed through the windshield of the minivan striking the woman in the head
- Dump truck driver saw the accident happen and kept driving. Didn't even stop
- Vehicles behind the dump truck that saw the accident sped up and got the number off the truck and license plate number.
- Cops found and arrested the dump truck driver.

Rest of the details from the story:

DURHAM, N.C. -- An Apex woman who was struck in the head by a five-pound rock Wednesday night as she was driving died Friday morning, authorities said.

Ana Beatriz Larson, 41, died at Duke University Medical Center from injuries sustained in the accident, which occurred on North Carolina Highway 55 near its intersection with Kit Creek Road in Morrisville.

Larson and her mother were heading toward Durham on N.C. 55 shortly after 7 p.m. Wednesday when the rock smashed through her windshield and hit Larson in the head, authorities said.

Larson was knocked unconscious and lost control of her 2001 Nissan minivan, which crossed the highway, hit an embankment and went airborne before landing on the other side of the embankment.

Her mother was unhurt in the accident.

Authorities canvassed road construction zones near Research Triangle Park Thursday searching for clues and possible witnesses to the accident. Investigators believe the rock, which is about the size of a large cantaloupe, flew off a dump truck.

Anyone with information about the accident is asked to call the Highway Patrol at (919) 733-3861.

PIC OF ROCK

 

[kranky]

I'm certain that in other similar cases (injury or damage from debris falling from a truck) the truck driver is liable. Even if they have little signs on the back which deny responsibility like some do.

Man, that's a sad story though.

 

[isasir]

I couldn't tell if she died from the impact of the rock or from the subsequent accident (especially since her mother was unhurt).

Sad either way.

 

[NFS4]

Originally posted by: isasir
I couldn't tell if she died from the impact of the rock or from the subsequent accident (especially since her mother was unhurt).

Sad either way.

I'm pretty sure is was the rock. They showed a picture of the minivan on TV last week. Rock went right through the windshield on the driver's side and struck her in the head.

 

[Armitage]

There was a similar case a few weeks ago in Colorado Springs. Mud flap & bracket came off a county dump truck, went through the windshield of an oncoming car and killed the driver. He didn't know it had happened until he heard something on the radio from another driver, then turned around and went back to the scene.

What really sucks is that the driver had filed several requests to have it fixed before it broke. They never got around to it. Yet they are still going to file charges against the driver :|

I'll see if I can find the link.

 

[Ronstang]

Not covering and securing the load leaves the driver exposed to litigation as he is directly responsible for the accident, fleeing afterwards only compounds the issue. Since he was driving for a contracter then they will more than likely be liable but lawyers have a way of draining the bank account of every last party they can pin partial responsibility on so the driver may have a problem too.

 

[BigLouis]

Originally posted by: Armitage
There was a similar case a few weeks ago in Colorado Springs. Mud flap & bracket came off a county dump truck, went through the windshield of an oncoming car and killed the driver. He didn't know it had happened until he heard something on the radio from another driver, then turned around and went back to the scene.

What really sucks is that the driver had filed several requests to have it fixed before it broke. They never got around to it. Yet they are still going to file charges against the driver :|

I'll see if I can find the link.

Oncoming traffic, yes almost impossible for the driver to know he's responsible.

Any CDL class place you the driver responsible for your cargo. His requests going ignored is no excuse.

I say frak him

 

[Armitage]

Originally posted by: Armitage
There was a similar case a few weeks ago in Colorado Springs. Mud flap & bracket came off a county dump truck, went through the windshield of an oncoming car and killed the driver. He didn't know it had happened until he heard something on the radio from another driver, then turned around and went back to the scene.

What really sucks is that the driver had filed several requests to have it fixed before it broke. They never got around to it. Yet they are still going to file charges against the driver :|

I'll see if I can find the link.

http://www.gazette.com/display.php?id=1308530&secid=1
http://www.gazette.com/display.php?id=1308618

It sucks, but I guess the driver was still negligent. Even though he filed the paperwork, he should have refused to drive the vehicle if it was unsafe.

 

[acemcmac]

Originally posted by: Armitage

Originally posted by: Armitage
There was a similar case a few weeks ago in Colorado Springs. Mud flap & bracket came off a county dump truck, went through the windshield of an oncoming car and killed the driver. He didn't know it had happened until he heard something on the radio from another driver, then turned around and went back to the scene.

What really sucks is that the driver had filed several requests to have it fixed before it broke. They never got around to it. Yet they are still going to file charges against the driver :|

I'll see if I can find the link.

http://www.gazette.com/display.php?id=1308530&secid=1
http://www.gazette.com/display.php?id=1308618

It sucks, but I guess the driver was still negligent. Even though he filed the paperwork, he should have refused to drive the vehicle if it was unsafe.

easy to say when you don't need the job

unfortunatley, I know a lot of people who are bullied into doing unsafe things by their employers

 

[Armitage]

Originally posted by: acemcmac

Originally posted by: Armitage

Originally posted by: Armitage
There was a similar case a few weeks ago in Colorado Springs. Mud flap & bracket came off a county dump truck, went through the windshield of an oncoming car and killed the driver. He didn't know it had happened until he heard something on the radio from another driver, then turned around and went back to the scene.

What really sucks is that the driver had filed several requests to have it fixed before it broke. They never got around to it. Yet they are still going to file charges against the driver :|

I'll see if I can find the link.

http://www.gazette.com/display.php?id=1308530&secid=1
http://www.gazette.com/display.php?id=1308618

It sucks, but I guess the driver was still negligent. Even though he filed the paperwork, he should have refused to drive the vehicle if it was unsafe.

easy to say when you don't need the job

unfortunatley, I know a lot of people who are bullied into doing unsafe things by their employers

Yea, I know. Tough choices

 

[Yossarian]

scary. I got my jeep windshield smashed once by a fist sized rock kicked up by a big tractor mowing the divider on a highway in NY.

 

[sixone]

I had my driver's side mirror knocked off by a dirt clod, probably 8 inches across. At 70mph, that was one scary moment. I thought it was going to come thru the windshield. A$$hat dropped it out his side window as he was driving down the road. I whipped around, but he was long gone. If I'd have found him, you would have been reading about me.