Circus Truck Rear-ends Car

Weve all had days where driving in traffic is worse than a three-ringed circus

. For one Texas woman, this was exactly the case. Deborah Bailey was rear-ended by a Carson & Barnes Circus tractor trailer, and the injuries she sustained were no laughing matter.

On October 24, 2009 Bailey was struck by the 1998 Freightliner truck and semi-trailer while travelling eastbound on Texas Highway 154 in Upshur County. Witnesses report that the truck driver was allegedly speeding and failed to keep a safe distance between himself and Mrs. Baileys Dodge Stratus.

Bailey is filing a personal injury case against both Juan Cavallini Ramirez, the driver, as well as his employers Miller Equipment Co. and Carson & Barnes Circus Co. Inc. for hiring a reckless and unlicensed driver. As well as failing to properly train their driver. Ramirez is facing negligence charges for failing to keep a proper lookout, failing to maintain enough distance between the two vehicles, failing to control his vehicle, failing to act in a reasonable manner, and more.

Bailey will be suing for medical expenses, physical pain and suffering, physical disfigurement, mental anguish, and loss of earning capacity. Her exact injuries and the final judgment amount shes pursuing are unknown, but the case does bring to light some interesting factors.

In personal injury cases, a negligent party is responsible for the harm they commit. In cases with doctors and medical professionals, they obviously have an extensive knowledge of the field and negligence is compared by how a reasonable medical professional would have acted. Should this also be the case for professional drivers and companies employing them?

For public transportation injuries, the victims of injury are entitled to a duty of care, which puts their safety in the hands of the public transporter. For professional drivers and drivers of tractor trailers and semis, should their obligation to others safety be higher considering their size and potential for destruction? Luckily Bailey survived the tragic collision, but others have been much less fortunate.

The Brownsville personal injury attorneys at Davis Law want to remind you to stay safe on the roads. Sometimes an accident is inevitable, but its still important to keep alert at all times. If you see a reckless driver coming from behind, get as far away from them as possible. If there are only two lanes, pull over or turn off the road. Too many people think a collision cant happen to them, but unfortunately with reckless drivers, a crash can occur in a matter of seconds.

by: Davis Law

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