Pickup truck crashes into motorcyclists; 7 dead, 3 injured

What a mess...smh

 

A new report has just confirmed what many of us expected in this horrible case:

August 1, 2019

Truck driver was on drugs, reaching for drink at time of fatal New Hampshire crash, report says

“Volodymyr Zhukovskyy was high on drugs and said he was reaching for a drink on the passenger side of his 2016 Dodge pickup truck when the vehicle crossed the highway’s yellow center line and crashed into a group of motorcyclists in New Hampshire in late June, according to a federal inspection report obtained by the Globe.”

More details: Truck driver was on drugs, reaching for drink at time of fatal New Hampshire crash, report says - The Boston Globe

 

Rest In Peace.

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UPDATE:
by Associated Press | Monday, November 18th 2019

Insurer asks court to divide money after crash that killed 7 in NH

"The Boston Globe reports that Pilgrim Insurance Co. filed suit in federal court Friday asking a judge to divide its $1 million policy for Westfield Transport."

Full article @ Insurer asks court to divide money after crash that killed 7 in NH

 

Update:Looks like there might a twist in the story-one of motorcyclists may have been under the influence at the time of the accident!
Lawyer says drunk biker to blame in crash that killed seven motorcyclists

One of the motorcyclists had an autopsy report that showed the biker’s BAC was 0.135%, which may have caused him to cross the centerline and hit the pickup!

 

yeah, but i posted elsewhere's that the pick up truck driver was still sloshed at the time himself.

as a trucker, we are taught to avoid problems. of course, he was only a pick up truck driver, but the other side can argue his lack of clear thinking while under the influence as well.

 

Nonetheless the defense now has an argument that the motorcyclists hold some culpability in the accident as well as the pickup driver. If anymore autopsy or toxicology reports show that more motorcyclists were under the influence at the time that will open a whole new can of worms. Authorities will start looking at the motorcyclist group as far as if they stopped at any bars,restaurants or gas stations that served them alcohol and where.

In addition as far as litigation goes against the hotshot company one of the estates suing now has to deal with the fact that their claim may be reduced or thrown out/dismissed outright because the motorcyclist was the legal limit. Also with that fact Westfield can also file a COUNTERSUIT against the estate of the deceased biker for contributing to the accident.

 

I don't think so.

A DUI conviction will make the pickup driver and his employer strictly liable in the civil suit. He cannot countersue because in order to sue in civil court you cannot have been involved in an illegal act. It's called the clean hands doctrine. He could file a countersuit, but the court would most likely just throw it out.

I think the lawyer is just trying to avert a manslaughter charge by arguing that the motorcyclists were drunk also and contributed to, or caused, the crash. He is not setting up some kind of payday for his client if that's how you were reading it.

 

Just so sad people think they need that drink or drug to enjoy life , working or playing!
Tragic!!!!

 

I enjoy life! I only drink to make work tolerable.