ELKHART COUNTY, Ind.—Jack Hurd, a 73-year-old Goshen man, died Jan. 14 when he was struck by a pickup truck at the Goshen Church of God in Goshen.
The delivery truck arrived at the East Lincoln Avenue church to deliver food for its food pantry. According to local officials, Hurd attempted to guide delivery driver Thomas D. Nagle as he backed his vehicle. For an unknown reason, Nagle accidentally hit the vehicle’s gas pedal. The truck ran onto the patio and pinned Hurd against a building.
Paramedics tried to save Hurd’s life, but he sadly succumbed to his injuries at the scene.
An investigation into the accident is ongoing, and no additional information has been released.
Thoughts on the Fatal Accident in Goshen, Indiana
I am disheartened to learn Mr. Jack Hurd succumbed to his personal injuries in this tragic accident. The facts presented provide a relatively straightforward case. However, even the simplest fact patterns can be convoluted. Under negligence law, the semi-driver owed Mr. Hurd a duty of care while operating a commercial vehicle. This duty is breached when the driver’s actions fail to comply with the actions of a reasonably prudent commercial driver. While the jury would likely conclude the driver’s acts were negligent, this is only part of the inquiry.
Under comparative negligence, the law considers the actions of all parties involved. These parties include the driver’s employer and Mr. Hurd himself. When a lawsuit is brought, the jury is charged with assigning fault to all parties. In this case, the jury would likely look at the driver’s employer and determine if proper training was provided, if the truck was in good working order, and if regular maintenance was conducted. In short, the jury would decide if the employer took reasonable steps to prevent this accident from occurring.
I extend my deepest condolences to Mr. Hurd’s family and hope for their strength through the difficult times ahead.
Disclaimer: All the information in this post is from third-party sources or constitutes my opinion. If you are not comfortable with this post or would like further information, please reach out to my firm to speak with me.