53-year-old Brian Edward Durst was killed while changing a tire in the emergency lane of I-75 Monday afternoon, July 14, 2014.
According to the Alpharetta Patch, Mr. Durst was changing a tire in the southbound emergency lane of I-75, near mile marker 198, just after 1:00pm Monday. Police believe a vehicle pulling a white boat and trailer passed by Mr. Durst as one of the trailer tires came loose. The tire fatally struck Mr. Durst.
Police are still searching for the driver. Authorities believe it is possible the driver was unaware the tire came loose at the time.
Our Legal Take
Trailer tragedies are becoming all too common across the U.S. A recent report shed light on the perils of trailers and the crucial need to properly inspect them before taking them on the road. The Murray Law Firm is now questioning whether Monday’s tragedy was a result of careless inspection or a catastrophic equipment malfunction:
What was the make and model of the boat trailer? Has this model had a history of issues with faulty tires? What is the maximum weight this model trailer can hold, according to manufacturer specifications? Did the boat exceed these weight restrictions? Were the trailer and boat properly connected to the vehicle, according to manufacturer guidelines and, if so, was the tire a result of missing or faulty equipment? Was speed a factor in the trailer wheel coming free? Does the trailer manual specify a maximum speed limit? Why didn’t the driver stop to assist Mr. Durst? Were speed, distraction or impairment factors?
As the answers to this investigation continue to emerge, the family of Brian Durst may elect to hold the driver civilly liable for the wrongful death of their family member. Additional claims may also be filed with the trailer manufacturer, should an equipment malfunction have contributed to this horrific accident. Such claims will serve as a grave reminder to all Georgia drivers on the need to meticulously inspect their trailers. Claims of this magnitude will also demand boat trailer manufacturers reevaluate trailer safety, making trailer equipment safer and putting safety stops in place to prohibit drivers from using the trailers without proper setup. Perhaps, through these legal claims, many other lives may be spared.
The Murray Law Firm works tirelessly to protect victims and families devastated by driver and manufacturer negligence. We offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600.