CANEYVILLE, Kentucky- 49-year-old Barry Embry was pronounced dead at the scene of a collision between his Nissan pickup truck and a dump truck on the Western Kentucky Parkway near Caneyville.
According to authorities, the dump truck was disabled and stopped on the road. Embry was stopped behind the truck when a Ford F-350 was unable to avoid rear-ending Embry, pushing Embry into the back of the dump truck.
Embry was pronounced dead at the scene. The driver of the Ford and the dump truck driver were not injured.
An investigation is being conducted. No other information was immediately available.
Both the driver of the truck and the dump truck will need to answer for their roles in this crash.
There are many potential causes that must be investigated before determining all parties responsible for Mr. Embry’s passing. It is clear from what has been provided that the driver of the F-350 was negligent and crashed into the back of Embry. However, this may not be the only person responsible for the ultimate death of Mr. Embry. We also need to know why the dump truck was broken down in the middle of a public roadway.
When a truck breaks down for preventable reasons, the driver or his employer may be held responsible for the danger the vehicle poses and any accidents that happen because of its presence. The Embry family deserves to be able to recover financial compensation from any individual or entity whose negligent conduct may have caused the wrongful death of their loved one.
Most mechanical failures experienced by commercial trucks are preventable as long as routine maintenance is performed. Sadly, we know that this is not often the case. Truck driver employers often push back maintenance or disregard it entirely to avoid having to take a truck off the roadways and lose money. The Embry family will need an investigation into the conduct of the trucker’s employer to determine if that is the case here. If it is, the Embry family will likely have a claim against the employer for their loss.
We would also want to investigate whether the dump truck was fitted with an under guard. These guards are designed to prevent smaller passenger vehicles from rolling under the trailer of the commercial truck in the event of an accident. If the employer failed to ensure this vehicle was outfitted with the appropriate safety features that would mitigate the seriousness of an accident, that would provide another opportunity for the Embry family to recover against the employer.
A man was killed in this accident, and a family is left to suffer emotionally, mentally, and financially at no fault of their own. The law knows this is not fair and allows the family a wrongful death claim to rid themselves of the financial stress that accompanies the loss of life. While the law can do nothing to bring back Mr. Embry, it can provide financial assistance to lessen the financial burden associated with his passing.
