HUTCHINS, Texas- 68-year-old Franklin Walter Powell was pronounced dead following an accident between his Nissan Frontier and a tractor-trailer.
According to initial reports, Powell was traveling northbound on Interstate 45 in a Nissan Frontier when his vehicle struck a tractor-trailer stopped on the right shoulder of the road.
Authorities did not release information on why the truck was stopped or whether proper warning devices had been activated.
No other injuries or fatalities were reported.
No additional information was immediately available.
Thoughts on fatal rear-end truck accidents and potential remedies available to the surviving family.
This accident must be investigated to ensure the surviving family receives the justice they deserve. It is easy to look at this accident and conclude Mr. Powell is surely at fault for running into the back of a parked truck. However, that is not necessarily the case. Trucks are not allowed to park wherever they please and then point the blame onto the deceased driver when an inevitable accident occurs. Truckers and their companies must be held accountable for parking on public roadways when it is inevitable that such actions will lead to fatal results.
This truck was parked on the side of an interstate, and while we do not know if proper warning devices were activated, the fact that such devices were not mentioned indicates they were not present. If this is true, such actions are unacceptable. If circumstances require a trucker to pull over on the side of the road, they must follow industry regulations and warn fellow motorists of the truck’s presence. Failure to do so is negligence.
We handle cases like this routinely, and it is important that the family understands they may have a right to recover compensation for the suffering they must endure for the rest of their lives because of the unexpected passing of their loved one. If the trucker was parked where he should not have been parked or failed to provide adequate warning of the truck’s presence, the family will likely have a negligence claim against the driver and his company for such actions.
At The Ammons Law Firm, we are experienced truck accident attorneys that will find the root cause of this crash and hold the responsible parties accountable for their actions. The family deserves nothing less.
Until then, we offer our condolences to the Powell family and pray they might find peace during this difficult time of grief.
