On Tuesday, April 28th, Anthony L. Smith, 55, was killed in a single-vehicle crash on Hix Road near Sasser Road in Tallapoosa County. The crash occurred when the tractor trailer Smith was driving struck wires that were hanging over the roadway, causing him to strike a utility pole before his vehicle left the roadway and overturned. Smith was pronounced dead at the scene.
What happens when the city may be liable for an accident?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Ken Riley.
TIFFANY BITTNER: Ken, it is with a heavy heart that we discuss another life lost on the roadways of Alabama this week. With this being a single-vehicle crash, what options do Mr. Smith’s family have to help them bear this burden in the midst of grief?
KEN RILEY: I agree, it is tragic to lose so many lives due to auto accidents, especially in such a short time frame. In this situation, Mr. Smith’s family should begin by considering the cause of the accident. Many times, in single-vehicle crashes, the driver is typically found to be at-fault. However, occasionally there are underlying circumstances that may have caused the crash. In this specific instance, the wires hanging over the roadway could have been a factor.
TIFFANY BITTNER: If the family believes the wires were indeed a causation factor in this accident, what options would they have then?
KEN RILEY: The family should hire an experienced attorney to investigate the matter further. The investigation could then determine whether the wires hanging in the roadway contributed to the accident. For example, the investigation could answer questions such as: Were the wires up to code? Had the wires been damaged due to the recent bad weather or a previous accident? Were the wires faulty or improperly installed? If the investigation determines that somehow the wires did contribute to the crash, there could potentially be liability for the accident.
TIFFANY BITTNER: If the investigation determines the wires somehow did contribute to the accident, what are some of the legal challenges you would be facing?
KEN RILEY: One of the major issues is preservation of evidence. When an event like this occurs, and there may be liability, evidence tends to disappear quickly. Therefore, it is very important to conduct a full investigation as early as possible. That is why it is so important to hire an experienced attorney early on, so they can take care of the time-sensitive legal matters without burdening the family further.
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Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.