Family Files Wrongful Death Lawsuit Over Kushla McLeod Road Concrete Truck Crash
Fred Roberts Jr. has filed a wrongful death lawsuit in Mobile County Circuit Court over the September 2, 2026, crash on Kushla McLeod Road that killed his 21-year-old son, Jeriah Roberts. The complaint claims Jeriah’s death was the result of negligence by the driver of a Bay Concrete cement truck and by Bay Concrete. Greene & Phillips Injury Lawyers represents the family.
The crash happened just before 12 p.m. Investigators say the truck driver crossed onto the wrong side of the road and ran Jeriah’s car into a ditch. The car caught fire, and Jeriah was pronounced dead at the scene. FOX10 News reporter Natalie Williamson covered the filing on Oct. 20, 2026, in Wrongful death lawsuit filed after fiery crash on Kushla McLeod Road.
What Does the Lawsuit Allege?
The complaint alleges that the driver and Bay Concrete were negligent. It also alleges the company knew or should have known the driver lacked the skill, care, and expertise to drive in a reasonable and safe manner. Claims like that one are usually called negligent entrustment or negligent hiring, training, or supervision. They look at what a company knew about the person it put behind the wheel.
These are allegations in a lawsuit that was just filed. No court has ruled on them. Bay Concrete didn’t answer when FOX10 contacted the company on Oct. 20, and it had previously told the station it had no comment.
David Greene, who represents Fred Roberts Jr., told FOX10 the family lives with the loss every day:
“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. The mom and dad and little brother are just crushed, as you can only imagine. And this will never change. And one of the things about this case is Kushla McLeod Road is where they’ve always lived. They have a home there. They have to travel the same road of travel every single day of their life and relive it every single day.”
What Does the Crash Report Say?
FOX10 reported that, according to the Alabama Law Enforcement Agency (ALEA) crash report, the truck 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.”
Greene pointed out that a crash report can’t be used as evidence in court. He told FOX10 he has seen the report and has questions about it:
“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.”
A crash report records what officers were told and what they saw afterward. In a lawsuit, the facts come out through sworn testimony, records, and physical evidence. If you think the report on your own wreck is wrong, our post on what to do if your Alabama accident report has the wrong information explains your options.
Did You See the Crash?
If you saw the crash on Kushla McLeod Road shortly before noon on September 2, 2026, or you have dashcam, doorbell, or phone video from that stretch of road, please call J. David Greene or Britt V. Bethea at 251-478-1115.
How Do Wrongful Death Claims Work in Alabama?
Alabama’s Wrongful Death Act, Ala. Code § 6-5-410, lets a personal representative bring a claim when a death is caused by “the wrongful act, omission, or negligence of any person, persons, or corporation.” The personal representative is the person appointed to act for the estate, usually an executor named in a will or an administrator appointed through probate court. Under § 6-5-410(d), the lawsuit “must be commenced within two years from and after the death.”
Alabama handles damages differently from every other state: the only damages available in a wrongful death case are punitive. The jury doesn’t add up lost income or medical bills. It sets an amount based on how wrongful the conduct was, to punish it and to deter others. Under § 6-5-410(c), the money isn’t subject to the debts of the person who died and is distributed under Alabama’s statute of distributions.
When Can a Company Be Responsible for a Concrete Truck Accident?
A company can be held responsible for a crash in two main ways.
The first is through its employee. If a driver causes a wreck while doing his job, the company he works for can be responsible for what he did.
The second is through the company’s own choices. If a company hands its truck keys to someone it knew, or should have known, wasn’t a safe or qualified driver, it can be responsible for that decision. The same goes for a company that hires drivers without checking their records, doesn’t train them, or doesn’t keep an eye on how they drive.
Big commercial trucks also have to follow federal safety rules. Those rules set standards for who’s allowed to drive them, and they ban truck drivers from texting or holding a phone while driving. Whether a specific truck falls under these rules depends on how heavy it is and how it’s used.
Alabama also has its own hands-free law for all drivers, which police started enforcing in June 2024. It makes it illegal to hold or use a phone while driving in a way that causes you to swerve, drift out of your lane, or otherwise drive unsafely. Other distractions, like reaching for something on the floor, aren’t covered by that law, but every driver still has a basic duty to pay attention and drive carefully.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Alabama?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit under. Family members who haven’t been appointed personal representative can’t bring the claim themselves, but any recovery goes to the heirs.
How long do you have to file a wrongful death lawsuit in Alabama?
Two years from the date of death. Ala. Code § 6-5-410(d) says the action “must be commenced within two years from and after the death.” The personal representative has to be appointed and the suit filed within that window.
What damages are available in an Alabama wrongful death case?
Punitive damages only. The amount depends on how wrongful the defendant’s conduct was, not on the family’s economic losses. The recovery isn’t subject to the debts of the person who died.
Does Alabama’s contributory negligence rule apply in wrongful death cases?
It can apply to claims based on negligence. Alabama still follows pure contributory negligence: if the person who was killed was also negligent and that contributed to the crash, the claim can be barred. Contributory negligence isn’t a defense to a claim of wanton conduct. Our post on being partially at fault for an Alabama car accident explains more.
Can a crash report be used as evidence in an Alabama trial?
As David Greene told FOX10, a crash report can’t be used as evidence in court. The officers, witnesses, and records behind a report can still come into a case through testimony and other evidence.
About Greene & Phillips Injury Lawyers
Greene & Phillips has represented injured Alabamians and families who have lost a loved one since 1998. The firm handles wrongful death claims, truck accidents, car accidents, and other serious personal injury cases throughout Alabama. greenephillips
If you’ve lost a family member in a crash and want to talk with a Mobile wrongful death lawyer, free consultations are available with no obligation at the Midtown Mobile office at 51 North Florida Street (251-478-1115) or the Birmingham office at 301 20th Street North (205-918-7800). No appointment is needed at either location. You can also fill out a contact form. Media inquiries about this case should go to J. David Greene or Britt V. Bethea.
