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Cause of fatal accident near Texas construction area questioned

The first thing you may assume about a serious traffic crash is that one of the drivers is to blame. Certainly, Dallas drivers make mistakes or engage in behaviors that cause them to lose control of a vehicle; however, car accidents sometimes have different causes.

There’s a reason accident reconstruction crews inspect vehicles involved in auto accidents. Mechanical failure or an auto defect may be a contributing factor. Faulty roadway design, like uneven road surfaces and inadequate warning signs or markings, is also a possibility.

Texas authorities have not concluded what caused a dump truck driver to lose control and flip over on a mid-state highway. The rollover accident, near a long-term road construction project, involved three vehicles. The truck driver told a reporter the crash occurred after he swerved to avoid a car. It was not clear whether the driver was talking about one of the cars in the crash.

The eastbound dump truck hit a car headed in the opposite direction, struck a guardrail and rolled over on top of another vehicle. The truck’s cargo, which reports said looked like dirt, spilled over and covered the second car. The 58-year-old car driver died. The woman’s infant grandson miraculously survived.

Law enforcers did not say whether criminal charges were being considered.

Road design and maintenance is a government responsibility. In some accident liability cases, governments can be held partially or entirely accountable for victims’ injuries or deaths. Unfortunately, few injury accident claims against the Texas state government or its officials are viable.

The Texas Tort Claims Act makes personal injury or wrongful death claims against the state or a local government challenging. The state claims sovereign immunity, which means the government and its entities typically cannot be held liable for negligence, unless immunity is waived.

A car accident attorney can tell you whether the Tort Claims Act is applicable to your case. Other defendant options may be available.

Source: kxan.com, "Residents questions safety of road where deadly crash occurred" Erin Cargile, Lindsay Bramson and Angie Beavin, Nov. 12, 2013

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