Posted in: by Anderson Injury Lawyers

The Case

The family of the deceased John Holland recently filed suit against Overbye Transport Inc., the company that employed the truck driver who struck and killed Holland two years ago, according to the complaint.

As stated by the suit, Holland was crossing Interstate 45 when an Overbye Transport Inc. truck hit him. The Overbye driver neglected to drive in a safe manner by failing to take proper evasive action, to drive at a safe speed, to timely apply his breaks, to keep a proper lookout, to honk his horn or to yield the right-of-way.

John Holland died as a result of the injuries he suffered during the collision, according to the complaint.

The family filed suit on July 31st in the U.S. District Court for the Southern District of Texas, Galveston Division, claiming they lost Holland’s companionship and are suffering emotional agony.

John Holland’s family members seek $5 million per person, plus costs, pre- and post-judgment interest and other relief the court deems just.

Who’s to blame, the trucker or their company?

This suit brings up an interesting question – what’s the relationship between a semi-truck driver and the trucking company’s owner? And if something happens on the road, who’s to blame?

According to the law, the trucking company – not the driver – is responsible for the accident. In the above case, it’s up to Overbye Transport Inc. to make sure their employees comply with the Federal Motor Carrier Safety Regulations. If one of their drivers makes a mistake, the financial responsibility falls on Overbye’s shoulders.