A horrific multi vehicle collision in Aurora, Illinois, is illustrative of the dangers that are involved in truck accidents in Massachusetts, and especially truckers who have had insufficient sleep.
How the Truck Accident Happened
According to reports, a disabled truck was stopped on the right side of the highway, awaiting assistance. A toll worker driving a tow truck stopped behind the disabled vehicle. A trooper stopped behind the tow truck. Both vehicles activated their emergency lights. As the men got out of their vehicles to offer assistance, a truck driver who had fallen asleep at the wheel plowed right into them.
Apparently, the driver was working for DND International trucking company and had been driving on the road for over 36 hours, falsifying paperwork in violation of state and federal law.
Wrongful Death to Tow Truck Operator and Serious Injuries to Trooper
Unfortunately, the tow truck driver was killed immediately. His family has a wrongful death case against the driver, the trucking company, and perhaps third parties.
The Trooper suffered multiple injuries, including head injuries, facial injuries, a fractured clavicle, burn injuries, pain and suffering, and necessitating an induced coma. The Trooper has economic damages of lost earnings as he remains out of work.
Criminal Charges for Wrongful Death
The truck driver faces serious and significant criminal charges including operating a commercial vehicle while fatigued, operating a commercial vehicle in excess of 14 hours, speeding, failing to yield to stopped vehicles, failing to yield to emergency vehicles, failing to keep a proper lookout. There may even be additional charges.
Civil Lawsuit for Wrongful Death and Injuries from Truck Collision
The Trooper’s family has filed a lawsuit against the driver and the owner of the truck. Their lawsuit will ask for medical bill reimbursement, lost earnings, pain and suffering, loss of consortium and compensation for his permanent injuries.
An aggressive truck accident lawyer will expend ample time and energy into discovery. That is, the plaintiff will want to “discover” everything about the driver, his driving history, his route, his documentation, his work history, the items in the truck, his employer’s liability for encouraging the excessive driving, and documentation as to all of this. There will be extensive discovery against the trucking company regarding their history of non-compliance with Federal Motor Carrier Safety Administration safety rules, especially regarding falsifying daily logs and sleep times.
They will want to follow the criminal case, as discovery could come form the police and a conviction may be admissible in a civil case. Information may emerge which would allow for punitive damages for the truck accident loss.
Of course the Trooper’s damages will include his medical bills and lost earnings for “special” or itemized damages. In addition there will be pain and suffering, loss of function and damages for any permanent injuries.
Hire An Experienced Truck Accident Lawyer
If you are injured by a truck, or a loved one suffers personal injuries as a result of a tractor-trailer collision, contact an experienced truck accident lawyer for aggressive and effective representation. There is no charge for the consultation. It’s never too soon to get started.