Two people have died and numerous people injured when the RV they were riding in had a front tire blow-out causing the RV to go out of control run off of I-59 and hit a tree; two people were ejected from the RV. Mr. Alfred Holt Jr. of Ga. was driving the RV at the time of the accident and was killed in the accident along with Darryl Parker. Ten other passengers were injured in the crash and taken to Forrest general hospital in Hattiesburg,MS. Solomon Brannan owns the motorhome.
WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
Lets look at the tire first. The tire blew out for a reason: was it defectively made? was it put on improperly by a local mechanic? was it worn down so much that it should have been replaced before the trip started? These are questions that need to be answered. IF the tire were defectively made, then a claim could be made by everyone in the vehicle against the maker of the tire for a defective product. This is called product liability.
IF the tire was not defective, then we need to look at who serviced the tire last. If the local mechanic’s shop failed to put the nuts back on the tire properly or put too much air or not enough air in the tire, then they may be liable for the accident.
IF the tire was not defective,nor any improper handling by the tire shop, then we need to look to see if the tire was worn down so much that it should not have been used on the trip. The owner should have known whether the tire was in good or bad shape. If in bad shape, the owner should have either told the driver to replace the tire or had the tire replaced before the trip was made. If the owner told the driver about the bad tire and the driver decided not to have the tire replaced, then the driver may bear some responsibility. Also, the driver should have been properly instructed in how to properly operate the RV by the owner before leaving on the trip. These on complicated machines that need experience and know-how to operate safely.
So, a claim may be made against the owner and/or the driver. Since the driver was driving the RV with permission of the owner, then the owner’s insurance company should apply to the accident; but, because there are some many victims, it may be on a first come, first served basis.
Because this accident happened in MS, a Mississippi Accident Injury Attorney should be consulted to go over all of your rights. Our law firm has been handling accident cases for over 36 years. This is all we do. Our track record speaks for itself. Check it out for yourself.
If you would like a free consultation to discuss your accident case, call 601-969-1977 now or contact us online. Paul Snow handles all types of cases involving serious injury and death including RV accidents, car accidents, truck accidents, motorcycle accidents and accidents from defective products. We do not charge any attorney fees unless we recover for you.