Father of boy killed in crash files l...

Father of boy killed in crash files lawsuit

There are 12 comments on the Tahlequah Daily Press story from Jun 12, 2008, titled Father of boy killed in crash files lawsuit. In it, Tahlequah Daily Press reports that:

The father of a 16-year-old Tahlequah boy killed late last year in a vehicle crash in Glenpool is seeking damages from others involved in the collision.

Join the discussion below, or Read more at Tahlequah Daily Press.

kenny

United States

#1 Nov 3, 2008
it states that he failed to yeild to oncoming triffic what a diver and they want money from swift mabee swift should sue him for damages and time in court and i hope swift whens this case because swift was not wrong they had the the right away and they pulled out in front of him i would like where he comes up with this i understand agaist the driver of the car his son was in but not swift wake up who dont drive faster then the speed limit i bet u do i hope u lose!!!!!!!
Midnightrider

Geneva, IL

#2 Nov 4, 2008
The boy who was killed was the passenger in the car. His father is suing the driver of the car for turning left in front of the truck, and the truck because it was exceeding the speed limit. It is considered a DOT "serious violation" if a commercial vehicle breaks a traffic law (speeding) which then contributes to a fatal accident. The car driver's insurance is going to say if the truck had not been speeding, the car would have made it through OK, and the accident never would have happened. Bad driving by the car driver too, but he is an inexperienced teenager that thought he had time to turn because he just looked at how far away the truck was when he started to turn. He misjudged the speed of the truck because it was SPEEDING and got there a couple seconds sooner then he thought. Tragic accident.
kenny

United States

#3 Nov 4, 2008
Midnightrider wrote:
The boy who was killed was the passenger in the car. His father is suing the driver of the car for turning left in front of the truck, and the truck because it was exceeding the speed limit. It is considered a DOT "serious violation" if a commercial vehicle breaks a traffic law (speeding) which then contributes to a fatal accident. The car driver's insurance is going to say if the truck had not been speeding, the car would have made it through OK, and the accident never would have happened. Bad driving by the car driver too, but he is an inexperienced teenager that thought he had time to turn because he just looked at how far away the truck was when he started to turn. He misjudged the speed of the truck because it was SPEEDING and got there a couple seconds sooner then he thought. Tragic accident.
u just said the car misjudge the truck so the truck was not at fault theres ur sign and it dont matter how fast the truck was going because the car should know when its safe to pull out. if u dont know when its safe well u need to go back to driving school to learn it. and this law suite with the driver i understand it but with swift it isnt right and i hope dont when win with swift.
Midnightrider

Geneva, IL

#4 Nov 5, 2008
kenny wrote:
<quoted text>.... and it dont matter how fast the truck was going....
It depends on how fast the truck was going and what the limit was. If he was going 27 in a 25, no jury will hold him responsible, but if he was going 57 in a 25, it might be a different story. It will all come out in court. Don't worry, insurance company lawyers are experts at getting out of paying even if it is their fault. If it wasn't their fault, they will get out of paying. What I wonder about is why do they think the truck was speeding? Did swift have GPS speed tracking? Did the cops measure the skid marks? It will all come out in court.
kenny

United States

#5 Nov 5, 2008
we have qual com in these trucks and we are govern to 62mph unless ur a oo u can run 68 and where self insured up to a millon dollers and ive been through there and if i remerber the speed is 35 or 45 and i know most of or drivers and they may do five over the speed limit.
Midnightrider

Geneva, IL

#6 Nov 5, 2008
If he was not going very fast over, the jury probably won't hold him responsible, or pro-rate, depending on the state. Some states they would say car driver mistake was 90% of the cause so car driver insurance liable for 90%. If they say the truck speeding CONTRIBUTED 10% then the truck would pay 10%. I don't know what the law is there because in 50 states each state is a little bit different. Did the truck get a ticket for speeding? Most places they allow 5 MPH and don't consider it speeding because of tolerance of speedometer, etc. These speed recording devices can work both ways. They can prove the driver was innocent if he was not speeding.
The Truth

AOL

#7 Nov 11, 2008
The facts are the driver after proceeding through a stop sign crossed two southbound lanes of a major highway, crossed a medican cut, crossed the inside northbound lane and was struck broadside by the semi in the outside northbound lane. The speed limit in that area drops from 65 to 55 to 45 in a short distance. There were 4 teenagers in the car. The two on the passenger side died, the rear seat passenger on the left side was critically injured and the driver was walking around at the scene immediately after the accident. I know, I was there right after the accident occurred. Nothing I observed would tell me the truck driver did anything wrong. If in fact he was speeding, it was only by a few miles an hour as he was decelerating. You put 4 teenagers together in a car and attention to driving becomes secondary. I believe it improper to blame Swift or the truck driver for what occurred at this tragic scene.
Midnightrider

Geneva, IL

#8 Nov 12, 2008
The Truth wrote:
The facts are the driver after proceeding through a stop sign crossed two southbound lanes of a major highway, crossed a medican cut, crossed the inside northbound lane and was struck broadside by the semi in the outside northbound lane. The speed limit in that area drops from 65 to 55 to 45 in a short distance. There were 4 teenagers in the car. The two on the passenger side died, the rear seat passenger on the left side was critically injured and the driver was walking around at the scene immediately after the accident. I know, I was there right after the accident occurred. Nothing I observed would tell me the truck driver did anything wrong. If in fact he was speeding, it was only by a few miles an hour as he was decelerating. You put 4 teenagers together in a car and attention to driving becomes secondary. I believe it improper to blame Swift or the truck driver for what occurred at this tragic scene.
Why do they say the truck was speeding? If it was only a minor amount the jury would probably not hold them responsible. It will all come out in court. There is the Federal regulation that states something about a commercial vehicle violating a traffic law and contributing to a fatality makes it a serious offence.
THE TRUTH

AOL

#9 Nov 12, 2008
I did not see the taffic accident report so I do not know exactly what the speed was listed by the Police. He did attempt to avoid the accident by moving as far to the right as he could. The semi driver was obviously very shaken up and could hardly speak. He was not injured.
Justice

Sallisaw, OK

#10 Nov 13, 2008
Does it really matter how fast the truck was going? Get real. The driver of the car obviously should have been paying attention to the conditions of oncomming traffic. Having a drivers licens requires you drive responsively. If he didn't, it would be a whole nother issue. When I get behind the wheel of a vehicle I understand that I am responsible for every passenger in that vehicle. And maybe the truck was going faster than should be. But does that give everyone the right to pull out anyway simply because the other driver will be at fault of injury?
Midnightrider

Geneva, IL

#11 Nov 13, 2008
Sometimes they blame you even if it was not your fault. Example the driver that was hit by an Amtrak train a few years near Kankakee IL. The train derailed, caught fire and a bunch of passengers burned alive. The driver started across the front of his truck was past the gate when the signal started. (The view down the track was blocked by rail cars on a siding). He floor-boarded up against the governor across the tracks and the train hit the back 3 feet of the trailer. 1 second more would have cleared the tracks. No one would have been killed except the fuel tank on the locomotive tore open because of DEFECTIVE WELDS. The driver ended up getting a year in jail because they determined his log books were not accurate. The log books had NOTHING to do with the accident. But they said if he had stopped to sleep when he was supposed to, he would not have been at the crossing at the time the train was there. The same stretched logic is probably what they are thinking, if the truck was going slower it would not been at that spot in the road and the car would have made it past. They automatically blame us CDL drivers, they say GUILTY until proven innocent. They even put the CDL driver through the wringer when some crazy person commits suicide by lurching across the center-line and hitting you head-on.
Justice

Sallisaw, OK

#12 Nov 14, 2008
I agree! Why would selfishness be someone elses fault. Personally I don't think that the driver of the truck would be responsible for the kid that thought he was a hot-rod driver.
It is easier to make a bad choise and then say "I didn't mean to, it was an accident" than to say "I made a mistake" and take the consequinces.

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