A tractor-trailer that killed two Maryland construction workers was not registered to commercial operate and was operate with faulty breaks. The truck, which is registered to Noble Enterprise Transport LLC, of Fort Lauderdale, had “three of ten brakes not functioning at all and another three out of adjustment,” according to the police investigation. The truck had been legally prohibited from travelling the in state and was speeding at the time of the accident.
The tractor-trailer, which was carrying oranges through Maryland, overturned onto the Ford F450 trucks the victims were driving. Both victims were pronounced dead at the scene of the accident. Another passenger in the Ford was taken to a local hospital and has since been discharged. The construction company, Garey Construction Inc., which owns the Ford, is still trying to determine whether the faulty brakes on the tractor-trailer played a role in the accident.
A passenger in the tractor-trailer also suffered minor injuries and has since been released from the hospital. Tractor-trailer drivers are required to keep logbooks, but police were unable to find one for the driver of the truck and his co-driver’s logbook contained falsifications. The driver, Watson Pierre, was taken into police custody after he was released from a nearby hospital and is being charged with two counts of criminally negligent homicide and failure to control speed to avoid a collision. In order to find Pierre guilty of criminally negligent, homicide, prosecutors must demonstrate that Pierre substantially deviated from an ordinary standard of care.
Truck involved in double fatal had broken brakes, www.miamiherald.com November 13, 2012.
Pierre was operating a large motor vehicle and he owed a duty of care to all the other passengers that he would operate his machine within the confines of the law. He failed to do so and can be liable for the wrongful death of the Maryland construction workers. Because Pierre was operating the truck as an employee for Noble Enterprise Transport, Noble Enterprise can also be held liable for the workers’ deaths. Employers are expected to oversee and ensure that their employees are operating within the confines of the law. If you or a loved one has suffered any injuries or has died as a result of a truck accident, call the Fort Lauderdale motor vehicle accident attorneys at the Friedland | Carmona today. The insurance litigation attorneys have devoted their careers to helping accident victims recover compensation for their medical expenses, lost wages and pain and suffering. Do not suffer in silence! Call (305) 616-2008 today for your free consultation!
The Miami personal injury lawyers at the Friedland | Carmona handle all types of personal injury accidents throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including wrongful death, defective products, medical malpractice, slip and falls and construction site injuries. Call today and let our family take care of your family!