Ricardo Davila, of Beaumont, Killed In Port Arthur Box Truck Accident While Driving Kubota side-by-side UTV On Texas Highway 73
PORT ARTHUR, TEXAS (September 29, 2022) – A 52-year-old Beaumont man identified as Ricardo Davila died in a Port Arthur truck accident while driving a UTV on Texas Highway 73.
Jefferson County officials are saying that the accident took place around 10:00 a.m. on Tuesday. Ricardo Davila was driving a Kubota side-by-side UTV when he was hit by a commercial refrigerated box truck.
Paramedics were called to the scene of the collision in order to help the victim. The UTV driver was found unresponsive and efforts were taken to resuscitate him.
Despite the efforts of first responders, Ricardo Davila could not be saved and was pronounced dead at the scene. Port Arthur officials shut down multiple lanes of Texas Highway 73 as they conducted an investigation.
Liability In Port Arthur Truck Accidents
Commercial trucks are involved in around 10% of all traffic fatalities every year. According to the National Safety Council, “Also in 2020, 107,000 large trucks were involved in crashes resulting in an injury, a 10% decrease from 2019. Since 2016, the number of trucks involved in fatal crashes has increased 5% and the involvement rate per 100 million large truck miles driven has remained steady at 35.” There are a number of factors that make commercial trucks particularly dangerous.
- Commercial truck drivers are often forced to work long hours and are prone to becoming dangerously fatigued.
- Commercial trucks can weigh 20 times more than passenger vehicles and are much more difficult to stop.
- Commercial trucks are much more difficult to drive and much less stable than passenger vehicles.
All drivers have a legal obligation to exercise due care in order to avoid collisions. Many collisions are due to drivers that are speeding. Pursuant to Texas Transportation Code Section 545.351, no person shall operate a motor vehicle at a speed greater than what would be reasonable given the prevailing conditions of the roadway. If a truck driver failed to reduce their speed prior to an accident, this could form the basis of a negligence claim.
Depending on the facts of any case, the company that a truck driver worked for could be held at fault for a collision. In general, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. For example, a truck driver may have been delivering materials when they were involved in a crash. Courts will typically use two tests to determine if vicarious liability is applicable for any accident.
- Benefits Test: Employers are liable for the actions of their employees when the employees were engaged in social or recreational pursuits that are endorsed by the expressed or implied permission of the employer. Moreover, the actions were conceivably of some benefit to the employer.
- Characteristics Test: Employers are liable for the actions of their employees when the employees action is common enough for their job that they could be said to be characteristic of their job.
The company responsible for the maintenance of a truck could also potentially be liable for an accident. Trucks are difficult machines to operate and require periodic maintenance to run smoothly. A large number of truck accidents are due to mechanical failures with a truck or its component parts. For example, a tire blowout on a truck could cause it to veer in an unpredictable manner. There are a number of steps that should be taken after any collision.
- Eye witnesses should be interviewed.
- Surveillance footage from local businesses should be sought.
- Medical records should be preserved.
- A thorough, independent investigation should be conducted.
When a truck driver is negligent and kills someone in a car accident, they could face civil or even criminal liability for their actions. Truck drivers are held to a very high standard in terms of safety. The family of any person killed in a car accident may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. A wrongful death attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A Port Arthur Truck Accident
We at TorkLaw extend our deepest condolences to the family of Ricardo Davila. Any person that may have more information about what happened should reach out to police. There needs to be a thorough investigation for the sake of all who have lost so much. It is our sincere hope that there are steps taken to prevent other tragedies like this.
Do you need more information about a Port Arthur truck accident? Our team of consumer safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at (888) 441-4991.
