Judge Rules Equal Responsibility In Car AccidentBy The Law Office of Dan Kirby
Apr. 6, 2011 3:33p
Road Contractor Company Found Equally Liable As Driver
In a State Supreme Court ruling, Justice Bruce found that a road maintenance crew would be required to pay half the damages caused to a driver’s car in an accident last February, reports the Houston Today.
The incident occurred on the morning of February 17th, as driver Brittany Erin Brook was traveling along icy Highway 16, behind a sanding truck. The contractors in the truck belonged to Billabong Road and Bridge Maintenance, who had been hired to clear the highway of black ice. Brook, attempting to travel from Telkwa to Smithers, was driving at about 70 km per hour when she approached a curve. The Billabong sanding truck had stopped clearing the ice at this curve, causing Brook to lose control and flip onto the driver’s side, sliding across the icy road before coming to a stop.
Though the car received extensive damage in the accident, Brook was mostly uninjured.
Company Appeals Suit
A provincial judge found that Billabong was liable for half the damage caused to Brooks car, due to their negligent behavior in failing to sand that location of the highway in an effective and timely manner, as per their contract. The court ruled that they would be responsible for paying fifty percent of the $6,500 in damages sustained by the vehicle, with both parties being fined $3,250.
The Billabong Maintenance company, however, chose to appeal the ruling to the State Supreme court, saying that they were not in violation of the contract and that Brook was fully responsible due to her high speed of travel. The attorneys representing the company argued that the province was attempting to hold them to a higher standard than had been established by the contract.
The Supreme Court judge, however, ruled that the company was equally liable in the accident, although he did admit that Brooks could have taken more measures to prevent the crash.
Seek a Personal injury Lawyer
If you have been injured in an accident as a result of another person’s negligence, you may be entitled to financial restitution. Dan Kirby is an experienced Houston personal injury attorney with over eighteen years of experience in the legal system, serving as both a prosecutor and defense attorney. He has earned a reputation as an effective and compassionate attorney, who works tirelessly to help his clients receive the compensation they deserve.
Contact a Houston car accident lawyer to receive a free consultation!
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