Josh Hayes, Prince Glover Hayes Partner, Files Wrongful Death Lawsuit in Greene County, Alabama
August 18, 2022, 10:14am
On August 15, 2022, Josh Hayes, PGH partner, filed a wrongful death lawsuit in the Circuit Court of Greene County, Alabama. The suit was filed on behalf of the estate of the deceased. The collision made the basis of the complaint occurred on County Road 60 in Greene County. The deceased was traveling east on the road and the adverse driver had parked his tractor-trailer on the eastbound side of the road and partially in the lane of travel. There were no reflective triangles, flagmen, warning devices or any other notice given that the tractor-trailer was improperly parked in the roadway. As a result of the nonexistent warnings, the deceased struck the tractor trailer and was killed. Counts in the complaint are for negligence/wantonness of the driver (and since the driver was acting within the line and scope of his employment, vicarious liability on the part of the tractor-trailer owner); negligent/wanton entrustment (alleging that the driver was incompetent to operate the vehicle and that the owner knew, or by the exercise of reasonable care should have known that he was incompetent to operate the vehicle), negligent/wanton hiring, supervision, training and/or retention (alleging that the owner negligently, recklessly or wantonly hired, supervised, monitored, trained, investigated and/or retained the driver). The complaint also contained a count for combined and concurring negligence and wantonness. According to Alabama Pattern Jury Instructions 28.04 and 28.05, “If one is guilty of negligence which concurs or combines with the negligence of another and the two combine to produce injury or damage, each negligent person is liable for the resulting injury or damage, and the negligence of each would be deemed the proximate cause of the injury. ”
As personal injury attorneys, the lawyers at Prince Glover Hayes focus much of our attention on cases involving injuries that result from vehicular collisions. Sometimes, these injuries can be catastrophic as the one described above. In particular, injuries involving 18-wheelers and other large trucks are very common and over 25% of multiple vehicle collisions that result in passenger deaths involve these trucks. If you or a loved one has been injured in a collision involving an 18 wheeler or other large truck, call the Tuscaloosa truck wreck attorneys at Prince Glover Hayes for a free consultation.