Lawsuit Alleges Semi-Truck Driver Was on His Cell Phone When He Killed Another Motorist
A wrongful death lawsuit has been filed against one of the largest trucking companies in the country, JB Hunt, after one of their drivers crashed into a disabled vehicle killing the occupant. An attorney representing the victim sent a video that shows the truck driver on his cell phone at the moment of impact. The driver can be seen looking to the left and touching what attorneys say is his phone when he struck the victim’s Ford Bronco, killing her. A lawyer representing the victim said that had he not been texting, the motorist would still be alive today. The attorney believes that the victim’s vehicle ran out of gas, and that’s why she was sitting in the right-hand lane.
Attorneys for the victim are hoping to gain a change in the industry. The attorney said they inspected the 18-wheeler and found a cell phone mount on the windshield where the driver was touching. Attorneys for the victim are doing a download of the phone and will be able to see what the driver was doing on the phone instead of paying attention to the road. The plaintiff also says he plans to investigate how many times the driver had previously driven while looking at his phone. This is something that the dashcam can show.
How do truck accident claims work?
The first thing you do is contact the defendant’s insurance company and send an injury demand letter. This grants you the ability to disclose the extent of your losses, the impact it has had on your life, and your intentions to file a lawsuit if your request is not fulfilled. You can also include a list of each of your damages so that the insurance company knows what constitutes a fair settlement offer in your opinion. In a lot of cases, the process of recovery ends here because they are able to get the coverage they need from the insurance company. However, not every insurance company has the people’s best interests in mind. In fact, many insurance companies will offer lowball settlements and hope that desperate victims will take them because they need cash fast. If that occurs, your personal injury attorney will want to take the case to court.
Prior to your case beginning, the defendant and the plaintiff will enter into what is known as discovery. Discovery is the phase of the lawsuit where legal counsel reviews the details of the case and collects evidence. Both the plaintiff and the defendant’s lawyer will exchange details regarding the crash.
If your case is to be successful you will need to:
- provide evidence of fault and liability
- demonstrate the extent to your economic and noneconomic damages
- have a figure that represents the cost of your losses
- argue that the other party should be financially responsible for those losses
Talk to a Tulsa OK truck accident attorney today
Levinson Law, PC represents the interests of plaintiffs who have been injured in truck accidents. Call our Tulsa personal injury lawyers today to schedule a consultation, and we can begin discussing your claim immediately.
Source:
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