Family Alleges Negligence in Wrongful Death Lawsuit Filed Against Trucking Company

The estate and family of a man who was killed in a truck accident has filed a wrongful death lawsuit against the trucking company and the truck driver involved in the crash. The complaint, which was filed in June, blames the driver for failing to stay in his lane and not attempting to slow down to avoid hitting the decedent’s vehicle. The decent, who was 25 when he lost his life, was killed when his vehicle was struck from behind by the tractor-trailer the defendant was driving on Interstate 80 in Austintown.

The driver, who is from New Jersey, was sentenced for his role in the wrongful death to 30 days of house arrest, two years of probation, and required to perform 50 hours of community service. The family expressed outrage that the driver would not be required to spend any time in jail. Alongside their wrongful death lawsuit, the family is pushing for legislation that would require drug testing of truck drivers who are involved in fatal accidents. The hospital administered a blood test to the defendant driver, but he was not given a full toxicology test.

An attorney for the defendant said that his blood test came back clean. They tested for alcohol, acetaminophen, and anti-depressants. The blood test performed at the hospital differed from what would have been conducted if a full toxicology screen had been ordered. However, Ohio State Highway Patrol did not detect signs of impairment and thus those tests were never ordered.

The driver said in court that he never used drugs or alcohol while driving, and on the day of the crash, he had a medical condition that caused him to lose consciousness and lose control of the vehicle.

The victim’s parents are making wrongful death and survival claims, alleging that the driver acted in a careless and negligent manner, leading to the death of the victim. His parents also allege that the trucking company, RFS Group, Inc., was negligent in its hiring of the driver.

Elements of negligence 

In a truck accident lawsuit, you—as a plaintiff—must be able to prove some form of negligence on behalf of the driver. In other words, you have to prove that the driver did something wrong that led to the crash that led to your injuries. In the aforementioned case, the truck driver was accused of driving under the influence, but that was never specifically proven. It appears as though the truck driver lost consciousness while he was operating his vehicle, swerved into a lane occupied by the victim, struck his car, and ultimately killed him. The truck driver is responsible for the accident, and by virtue of vicarious liability, so is his employer.

Talk to a Tulsa, Oklahoma Truck Accident Lawyer Today 

Levinson Law, P.C. represents the interests of plaintiffs in truck accident lawsuits in Tulsa, Oklahoma. Call our Tulsa personal injury lawyers today to schedule a consultation, and we can begin investigating your case right away.

Source:

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