Eight year old Rachel was a passenger in her mother’s car on November 15th, 2000 as they drove down I-5 just south of Canyonville, Oregon. A Freightliner tanker truck and trailer, loaded with flammable hazardous materials, crashed into the rear of the family’s car. Rachel was severely injured and ultimately died due to her injuries.
Rachel was a healthy and active eight year old little girl who had a long life ahead of her that was unfairly taken away. Because of the trucking company’s negligence, Rachel’s parents lost the chance to share her love, affection and companionship forever.
Rachel is survived by her mother and father.
A wrongful death case was prosecuted against the operator of the tanker truck and trailer and her employer for the following acts of negligence:
- In operating the tanker truck and trailer at a speed greater than was reasonable and prudent having due regard to the traffic, surface and width of the highway, weather, visibility, grade of the road, and other conditions then existing (which is negligence per-se for violation of Oregon Revised Statutes 811.100);
- In failing to keep and maintain an adequate lookout;
- In failing to keep and maintain the tanker truck and trailer under adequate control;
- In failing to respond prudently to advance warnings of a hazardous condition existing on the freeway;
- In failing to stop or swerve or change lanes to avoid crashing into the automobile in which Rachel was a passenger.