Benjamin Whitfill Injured, Laura Whitfill Died In Tractor-Trailer Truck Accident Between Lumberton and Silsbee on Highway 96
LUMBERTON, TEXAS (August 8, 2022) – Benjamin Whitfill was injured and Laura Whitfill died in a Silsbee car accident with a semi-truck on Highway 86 near Lumberton.
Hardin County officials are saying that the accident took place around 1:00 p.m. on Saturday. Benjamin Whitfill was driving a Kia Soul with his passenger Laura Whitfill and an 8-year-old child.
Their vehicle was struck by a GMC pickup truck that swerved into their lane from the shoulder. The force of the impact caused the Kia Soul to be pushed into the path of a northbound 2006 Peterbilt tractor trailer truck.
The semi-truck struck the Kia Soul and pushed it to the side of the road. Paramedics were called to the scene of the collision in order to help all of the victims.
Despite the best efforts of first responders, Laura Whitfill was pronounced dead at the scene. Benjamin Whitfill and the 8-year-old child in the car were taken to a hospital in Beamont in order to receive treatment.
A full investigation into the Silsbee crash remains ongoing at this time.
Liability In Texas Semi-Truck Accidents
Commercial trucks are involved in thousands of fatal car accidents every year. According to the National Safety Council, “In 2020, 4,842 large trucks were involved in a fatal crash, a 4% decrease from 2019 but still a 33% increase since 2011. The involvement rate per 100 million large-truck miles traveled is down 5% from 2019, but up 18% since 2011.” In all, large trucks make up only 4% of all registered vehicles but over 9% of vehicles involved in fatal accidents. There are a number of steps that truck companies can take in order to reduce the likelihood of car accidents.
- Truck drivers should receive periodic medical exams to ensure that they are fit to drive.
- Trucks should be periodically inspected and properly maintained.
- Trucks can be equipped with safety features known to reduce accidents such as forward collision avoidance systems.
All drivers have a legal obligation to exercise due care in order to avoid causing accidents. A large number of collisions are due to drivers that loose control of their vehicles while speeding. Pursuant to Texas Vehicle Code Section 545.351(1), no person shall drive a motor vehicle at a speed greater than what would be safe or reasonable given the prevailing conditions of the roadway. Even driving the speed limit could be unsafe during periods of inclement weather or reduced visibility. For any accident that takes place, there could be multiple negligent parties.
Semi-truck drivers will typically need to get a commercial driver’s license (CDL). They are held to a high standard in terms of safety and must do everything in their power to prevent collisions. All truck drivers must continuously scan the road ahead of them and use caution to avoid colliding with other vehicles. If a truck driver fails to slow down to avoid a collision, this could form the basis of a negligence claim. Liability for a truck accident could potentially extend beyond the at-fault driver.
If a truck driver was working at the time of a collision, the company that they were working for could be held at fault. In general, employers are liable for the negligent actions of their employees – insofar as those employees were working within the course and scope of their job duties. However, truck companies will often try to avoid liability for crashes by hiring truck drivers as “independent contractors.” There are a number of steps that should be taken after any semi-truck accident.
- Surveillance footage should be sought.
- Eye witnesses should be interviewed.
- The truck’s event data recorder (EDR) should be examined.
- A thorough, independent investigation should be conducted.
The family of any person that is killed in a semi-truck accident may have legal recourse through a wrongful death claim. Any person that is injured in such an accident may also have legal recourse through a bodily injury claim. Damages can help cover lost wages, medical bills and pain and suffering. Sadly, though, truck companies will often fight hard to deny liability for any collision. This is why it is so important that evidence is properly preserved.
Investigating A Texas Semi-Truck Accident
We at TorkLaw extend our deepest condolences to the family of Laura Whitfill. It is our sincere hope that Benjamin Whitfill and the child injured in this crash will be able to make a full recovery. Any person that may have more information about what happened should reach out to investigators. There needs to be some accountability for this preventable tragedy.
Do you need more information about a Silsbee semi-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 any accident we are here for you. You can reach out to us anytime at (888) 441-4991.
