Father Files Wrongful Death Lawsuit Over Fatal Kushla McLeod Road Cement Truck Crash

MOBILE, Ala. — The father of a 21-year-old man killed in a September crash on Kushla McLeod Road has filed a wrongful death lawsuit in Mobile County Circuit Court, accusing a cement truck driver and Bay Concrete of negligence in his son’s death.

Jeriah Roberts died Sept. 2 after investigators say the driver of a Bay Concrete cement truck crossed onto the wrong side of the road and forced Roberts’ car into a ditch. The car caught fire, and Roberts was pronounced dead at the scene. The crash happened shortly before noon.

His father, Fred Roberts Jr., is the plaintiff in the civil complaint. The claims in the lawsuit are allegations that have not been proven in court, and the company has not publicly responded to them.

What the wrongful death lawsuit claims

According to the complaint filed in Mobile County Circuit Court, Fred Roberts Jr. contends that his son’s death was the result of negligence by the truck driver and by Bay Concrete.

The lawsuit goes beyond the actions of the driver on the day of the crash. It also alleges that the company knew, or should have known, that the driver lacked the skill, care and expertise needed to operate the truck in a reasonable and safe manner.

That type of allegation targets the employer’s own decisions rather than only the conduct of the person behind the wheel. In general terms, claims like this argue that a company can bear responsibility when it puts a vehicle in the hands of someone it had reason to believe was not qualified or able to drive it safely. Whether the evidence supports that claim in this case will be a question for the court.

The driver’s name was not included in the information released about the lawsuit.

Crash report describes a distraction inside the truck

The official crash report prepared by the Alabama Law Enforcement Agency includes the truck driver’s account of what happened. According to the report, the driver “advised he became distracted while looking for his wallet, which had fallen on the floorboard inside the vehicle…when he looked up, he observed that his vehicle had crossed the center line.”

ALEA’s Highway Patrol Division investigates many crashes on roads outside city limits in Alabama, and its crash reports typically summarize the evidence at the scene along with statements from drivers and witnesses.

David Greene, the attorney representing Fred Roberts Jr., said a crash report cannot be used as evidence in court. Alabama law generally limits the use of crash reports as evidence at trial, which means the parties in a civil case typically must prove the facts through testimony, physical evidence, records and other material gathered during the case.

Greene said he has reviewed the report and has questions about the driver’s explanation.

“I don’t know that that is the exact truth. It doesn’t make a lot of sense to me, but maybe indeed that happened. We just want the community to be safe. And so if there’s a change that can be implemented, I think the family wants change if this can be gotten as well as they want justice,” Greene said.

A family that travels the same road every day

Greene described the Roberts family as close-knit and deeply rooted in their faith and their community, and he said the loss has been devastating for Jeriah’s parents and younger brother.

“People love this family. People know this family. They’re just leaning on each other, leaning on their faith. And they’re just a family of faith. And they’re just a precious, precious family,” Greene said. “The mom and dad and little brother are just crushed, as you can only imagine. And this will never change.”

Greene said one painful aspect of the case is geography. Kushla McLeod Road is where the family has always lived, and they have a home there. That means they travel the same stretch of road every day.

“They have to travel the same road of travel every single day of their life and relive it every single day,” Greene said.

Kushla is a small community in north Mobile County, an area of rural roads and residential neighborhoods where many residents rely on two-lane routes for daily travel to work, school and church.

Greene described the crash as a nightmare the family is reminded of every day, more than six weeks after they lost Jeriah.

Bay Concrete has not commented

Bay Concrete did not respond to a request for comment on Oct. 20 and had previously declined to comment on the crash. The company’s attorney has also been contacted for comment.

As the case moves forward, Bay Concrete and the driver will have the opportunity to respond to the allegations in court. Defendants in civil lawsuits can deny claims, raise legal defenses and present their own evidence, and the filing of a complaint is only the first step in a process that can take months or years to resolve.

How a wrongful death case works in Alabama

A wrongful death lawsuit is a civil case, separate from any criminal proceeding. Instead of the state prosecuting someone for a crime, a family or estate asks a court to hold a person or company legally responsible for a death. The standard of proof is also different. In a civil case, the plaintiff generally must show that the claims are more likely true than not, rather than meeting the “beyond a reasonable doubt” standard used in criminal trials.

Alabama’s wrongful death law is unusual. Under the state’s Wrongful Death Act, damages in these cases are considered punitive. Rather than being calculated based on lost income or other financial losses, any award is intended to punish wrongful conduct and to deter similar conduct in the future. That is part of why families and their attorneys in Alabama wrongful death cases often speak about accountability and public safety, as Greene did when he said the family wants change in addition to justice.

Alabama law generally requires wrongful death claims to be filed within two years of the death. Cases are brought on behalf of the person who died, and any damages are distributed under the state’s laws governing estates.

Once a complaint is filed, a civil case typically moves through several stages:

• Service and response: The defendants are formally notified of the lawsuit and given time to file an answer or other legal response.
• Discovery: Both sides exchange information, which can include documents, driving and employment records, maintenance logs, photographs and sworn depositions of witnesses and parties.
• Motions: Either side may ask the judge to rule on legal questions, including whether certain claims should go forward.
• Mediation or settlement: Many civil cases are resolved through negotiation or mediation before reaching trial.
• Trial: If the case is not resolved, a judge or jury hears the evidence and decides whether the defendants are liable and, if so, what damages to award.

Distracted driving and commercial vehicle safety

The crash report’s reference to the driver looking for a wallet on the floorboard touches on a broader safety issue. Federal highway safety officials define distracted driving as any activity that diverts attention from driving, and they describe three main types: visual distractions that take a driver’s eyes off the road, manual distractions that take hands off the wheel and cognitive distractions that take a driver’s mind off driving. Reaching for a dropped object can involve all three at once.

The stakes are especially high with heavy commercial vehicles. Loaded concrete mixer trucks are among the heaviest vehicles on local roads and need more distance to stop or correct course. Commercial drivers are generally required to hold a commercial driver’s license and follow state and federal safety rules, and companies that operate trucks are expected to train and supervise their drivers.

Safety advocates commonly recommend that all drivers, whether in a passenger car or a large truck, pull over safely before retrieving dropped items, adjusting navigation or handling a phone. Federal safety officials often point out that taking your eyes off the road for five seconds at 55 mph is like driving the length of a football field with your eyes closed.

What happens next

The lawsuit will proceed in Mobile County Circuit Court, where the defendants are expected to file their responses to the complaint. No hearing dates or trial dates were included in the information available about the case.

For the Roberts family, the case is about more than the outcome in court. Their attorney said they hope the lawsuit can lead to changes that make the road and the community safer, even as they continue to grieve a 21-year-old son and brother on the same road they travel every day.