Death from falling transformer

[dark413]

I'm writing this on behalf of my brother who lost his 22 year old son this past year. My nephew was killed when he struck a power pole. The accident happened in Washington state. The pole did not break but the transformer fell off the pole, landed on his car and caught fire. The first few people to arrive at the scene stated that he was still alive but they were unable to get him out. He was burned beyond recognition. Would the PUD be responsible for the transformer falling (I would think the pole would have snapped before the transformer fell) and if so is there a possible wrongful death case that should be pursued?
I would appreciate any advise on this matter & thank you for your time.

 

[rmet4nzkx]

I'm sorry for your loss.

It sounds as if this was a one car accident, was alcohol involved? Were speed, friver error, weather or road conditions involved?

 

[dark413]

Thank you.....

Yes, alcohol & I believe speed were a factor.

 

[racer72]

The odds of successfully suing and winning such a case is slim and none and slim just left town.

 

[dark413]

Thank you for taking the time to offer your advice. Was the fact that alcohol was involved the reason behind your answer or going up against the PUD or just a combination of it all?

 

[Some Random Guy]

Transformers on telephone poles are designed to withstand the elements and the passage of time to a reasonable degree. They are not designed to survuve major impacts from motor vehicles.

It is unfortunate that your nephew lost his life, but the unfortunate reality is that the transformer did not fall by itself. It fell as a direct result of your nephew's actions. The speed and alcohol most likely contributed to the crash and his inablilty to escape from the wreckage.

 

[dark413]

Yes, I agree that transformers are fastened on poles to withstand the elements etc. Now does this situation change any if the accident happened close to the beach where the winds are constant and are known to reach 70+ mph during the usual winter storms? If a transformer is secured to a pole to withstand such extreme conditions, shouldn't it be able to handle the concussion from an accident such as this? (the definition of 'impact' is the striking of one body against another-he hit the pole, not the transformer hanging from it)
I apologize if I come across argumentative. It's just that I still have nightmares about the way he died. I can't imagine the agony my brother goes thru each day...his only son.

 

[Some Random Guy]

If it bother you that much, you should speak to a counselor or lawyer, or engineer about it to discuss the problems, sue the utility or design a better transformer or bracket.

I just don't think that you will have much luck with suing the utility because you have not described any negligence on th epart of anyone except your nephew.