Update On Interstate 44/OK 18-Wheeler Accident - Wrongful Death
The June 28 seven-vehicle pile-up that took place on the Will Rogers Turnpike left 10 people wrongfully dead and marked Oklahoma’s 32nd fatal 18-wheeler accident, according to a recent OKNews article.
Seven federal investigators from the National Transportation Safety Board, along with local investigators, looked through the remains of one of Oklahoma’s deadliest highway crashes. Capt. Craig Medcalf of the Oklahoma Highway Patrol (OHP) determined that the tractor trailer was roadworthy and its brake pads were in good condition.
"In an accident of this magnitude, everything’s going to be closely looked at,” Medcalf said.
The truck’s driver, Donald Creed, 76, of Willard, MO, could face up to 10 negligent homicide charges, Ottawa County District Attorney Eddie Wyant said.
The 18-wheeler is owned by Associated Wholesale Grocers (AWG) of Kansas City, KS. According to the Federal Motor Carrier Safety Administration (FMCSA), AWG has a satisfactory rating. The FMSCA’s records show no problems with the company’s drivers and they have an above-average-out-of-service-rate, which is how frequently the trucks have been taken off of the road after a safety threat is found.
On the afternoon of the crash, Larry Smith, of Tulsa, OK, was stuck in traffic on I-44, along with his wife, granddaughter, and one of her friends, on their way to Branson to celebrate his granddaughter’s birthday.
Smith’s wife, Marcella, heard the crash. “All of a sudden we heard this pow-pow-pow there. There was no horn. No screeching. No anything,” said Marcella.
The OHP determined that Creed was in “apparently normal” condition with no sign of drug s or alcohol and he was not using a cell phone.
A cruise-control device revealed that Creed’s truck was traveling at 71 mph at the time of the crash, Horton said. The speed limit on that stretch of the turnpike is 75 mph.
"We actually interviewed truck drivers that were immediately behind him, they all were able to detect the backup so they started backing off and slowing down,” said Patrol Captain Scott Horton. "He just pulled away.” Troopers saw no signs or evidence of braking by Creed, continued Horton. "No skid marks,” he said. "We didn’t see any visible signs of braking.”
“While Creed was within federal daily driving limit requirements, fatigue could have played a factor in the crash,” Horton said. “It will be at least a month before a report will be ready to turn over to prosecutors,” he added
Clayton Boyce, vice president of public affairs for the American Trucking Association, offered condolences to the victims’ families. Little can be said until after the investigation is complete, he stated.
Families in which loved ones have perished or suffered personal injuries due to an 18-wheeler accident, like this one, would be well-advised to retain the services of experienced Missouri 18-wheeler accident attorney, David Payne. David Payne Law will help determine the facts of the case, identify the negligent parties, and attempt to hold them responsible.
Where negligence or wrongdoing is involved, families of deceased traffic accident victims are able to file a wrongful death claim. Such a claim compensates the victim’s families for the death of their loved one that may have been caused by the negligence of another party.
