Family Sues After Truck Driver Burns to Death in Fiery Accident
The family of a truck driver who died in a tragic accident with another semi-truck driver in Wilkinson County has filed a wrongful death truck accident lawsuit against the other driver and the company that he worked for. The lawsuit was filed by the children of the decedent truck driver. The lawsuit alleges that the defendant truck driver, who drove a 2020 Freightliner Conventional Truck for a California-based company, negligently caused the crash with the plaintiff’s truck after running a stop sign. The defendant’s truck broadsided the plaintiff’s truck and caused the vehicle to burst into flames. The plaintiff burned alive inside his truck.
Elements of negligence
According to the lawsuit, the plaintiff was traveling north on U.S. Highway 29 when the defendant’s vehicle was heading west on U.S. Highway 112, approaching an intersection of the two routes. The lawsuit alleges that the defendant was driving too fast for the conditions and failed to stop at the stop sign at the intersection. This is what led to the crash, according to the plaintiffs. The family alleges that the defendant truck driver caused the crash by:
- Failing to keep a proper lookout
- Failing to approach the intersection at a reasonable speed
- Failing to obey traffic control devices
- Failing to operate a commercial vehicle properly under federal rules
- Failing to exercise ordinary care while driving the truck
The lawsuit alleges that the defendant’s conduct was the result of a “conscious indifference to the consequences.” The lawsuit goes on to target the driver of the truck alleging that he was responsible for other traffic accidents and his California-based trucking company should have been aware that he was a dangerous driver unfit for the position. By placing the defendant driver on the road, the company created a situation where it was inevitable that he would cause some kind of accident that would ultimately be fatal. By making such an allegation, the plaintiffs are likely going after punitive damages. They will investigate just how bad this particular truck driver’s record is and allege that the trucking company placed him on U.S. roads where he took the life of another driver.
So, there are two levels on which negligence is being alleged. The first level is against the driver of the truck who blew through a stop sign causing a fatal accident. The second level of negligence is against the company that he works for. The plaintiffs believe that the driver was unfit for the profession. While specific allegations about his driving record aren’t included in the article, the plaintiffs will use any evidence they can find that the company knew about the driver’s unsafe driving record and still put him on the road.
Talk to an Atlanta, GA Truck Accident Attorney Today
The Atlanta personal injury lawyers at Forsythe Law Firm, LLC represent the interests of those injured in traffic accidents with commercial vehicles. Call our office today to schedule a consultation and we can begin discussing how you could recover damages related to medical expenses, lost wages, and reduced quality of life.
Source:
macon.com/news/state/georgia/article289657024.html
