Posted: August 24, 2016
A police dash cam captured the scene as a gasoline tanker swerved on the NJ turnpike, flipped over the guardrail, and became engulfed in flames. The accident occurred at about 3:15 in the afternoon on October 7 and ended the life of the tanker’s driver, Dalip Kumar. The driver of another vehicle, whose actions led to the tragedy, has finally received a citation for his involvement.
According to police, 40-year-old Kumar of Newark was driving the tanker near the 109.6 mile marker in Kearny when he lost control of the truck – carrying 8,500 gallons of gasoline – trying to avoid two mattresses and two box springs in the road.
The mattresses and box springs had fallen off the white cargo van of 26-year-old Adam Abuhamoud, who remained at the scene. The tanker swerved onto the right shoulder of the freeway where it hit a guardrail and flipped over before bursting into flames and killing its driver.
Driver swerved to avoid load of unsecured mattresses
The horrific accident cut short the life of Indian-born Kumar, who came to this country in 2005. Kumar had worked as both a counselor and a police officer in India and became a truck driver for JSK Transport when he arrive in the United States. He leaves behind 5 children as the father of two and stepfather of three. A representative of JSK Transport commended Kumar for his sacrificial move, stating that Kumar had to make a split-second decision and he could have veered straight into other cars instead of to the right.
Another motorist was also hurt. The driver of a Honda CRV suffered minor injuries when the CRV struck the mattresses.
Citation for improperly securing load
Abuhamoud, of New Jersey, has received a citation for improperly securing his load of mattresses. The van was not registered to any business. Abuhamoud is scheduled to appear in court on November 19. According to reports, he cooperated with the investigation and has not been charged with any crime.
Liability for negligence
Drivers whose careless acts cause the death or injury of another motorist can face not just fines but also criminal and civil court actions. A citation for an improperly secured load, for example, merely entails a fine of under $50. In some situations, a driver may also face criminal charges such as vehicular homicide.
Criminal and civil proceedings take place separately and an at-fault driver can face either one with or without the other. If a motorist is found to have acted intentionally, negligently, or recklessly in causing someone else’s injury or death, he may be liable for funeral and medical expenses, lost wages, and other losses.
The New Jersey car accident lawyers at Eisbrouch Marsh offer their deepest condolences to the Kumar family. If you have suffered injury in an auto accident as a result of the negligent or reckless actions of another, we can perform a free case evaluation to determine whether litigation is warranted. Call 201-561-8366 to schedule a confidential legal consult today.
Resources
- NJ.com, N.J. driver issued summons for fallen mattresses in fatal tanker crash on Turnpike, police say, http://www.nj.com/hudson/index.ssf/2015/10/linden_man_cited_for_not_securing_mattresses_befor.html
- State of New Jersey, NJTA Regulations, http://www.state.nj.us/transportation/refdata/traffic_orders/dot_property/
