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It may seem like a scene out of the "Final Destination" movies, but on Wednesday a driver was impaled by a metal pipe on a California freeway.
Authorities found the victim, identified as Michael Cox, 33, dead on the side of Interstate 580 in Livermore, California, after a 2-foot-long metal pipe crashed through the windshield of Cox's car, impaling him, reports San Francisco's KPIX-TV.
Although there is no word yet on where the pipe may have come from, there are many possible parties who may be held legally responsible for the driver's death.
In most commercial trucking accidents, there is some evidence of fault by the truck driver. This means drivers and their families can often sue for compensation by claiming that the driver was negligent.
A successful suit for someone impaled by a pipe would need to prove the truck driver:
Injury or wrongful death claims arising from impalement can also target employers. This is because employers can be held liable for employees' actions within the scope of their employment, also known as vicarious liability.
Not only can victims potentially sue the employer for negligent acts of their employees, they may also be able to sue the truck driver's company for negligently hiring them in the first place.
Perhaps the reason that the pipe went sailing off the truck bed and impaled the driver is that a strap or lock on the truck was defective.
Manufacturers are held strictly liable for products they release to consumers if the product defect was:
So if Nev-r-Break Strap Co. sold a strap to hold down metal pipes, which broke and caused a pipe to impale a driver, that company could very well be on the hook for the accident.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.