A driver recently filed a tractor trailer accident lawsuit, alleging that the other driver involved in the crash operated his truck negligently.

Plaintiff Donald W. recently filed this tractor trailer accident lawsuit against K&B Transportation Inc. and Pedro I., the other driver involved in a crash which injured him.

Donald alleges that in September 2015, he was working as a part of a construction crew and operating a four-wheeled crane. Donald and the rest of the construction crew were making repairs to an interstate bridge. While Donald was operating the crane through a closed traffic lane in the construction zone, Pedro allegedly hit him with the tractor trailer he was driving.

Donald claims that Pedro allegedly failed to follow road closure instructions posted on signs or heed the warnings of a flagman directing road closures. Instead, Donald claims Pedro drove through the closed road and struck the construction vehicle Donald was driving.

As a result of the collision, Donald says he sustained injury to his tailbone, ankle, abdomen, and other body parts. These injuries, and the surgery required to fix them, reportedly affected his work performance, leading to lost wages.

Negligence Leads to Crash

Donald accuses Pedro and his employer, K&B Transportation Inc., of negligence which allegedly caused the crash. He claims that Pedro drove recklessly when he failed to follow signage and road closure instructions, drove too fast for the conditions, and failed to take actions to prevent a crash.

“[Pedro], while acting as agent and servant of Defendant K&B Transportation, violated his duty of care and was careless, negligent, grossly negligent, reckless, willful, and or wanton […] in driving his vehicle in utter disregard of the rights and safety of [Donald] and other lawfully using the public highway,” the tractor trailer accident lawsuit claims.

K&B Transportation is an interstate carrier company and hires drivers such as Pedro to operate their tractor trailers. Donald aims to hold K&B Transportation responsible for being “negligent in hiring, training, entrusting, supervising, and retaining” Pedro as an employee and driver. He claims that the company is responsible for the actions of Pedro because he was performing job duties in a K&B owned vehicle at the time of the crash.

Donald hopes not only to hold the defendants accountable, but also to recover compensation for the injuries he sustained as a result of the crash. Donald claims that he sustained physical injury which in turn caused physical pain and suffering, mental anguish, emotional distress, permanent injury, and permanent impairment. He also was forced to shoulder the costs of medical services and the loss of earnings associated with the crash.

His tractor trailer accident lawsuit seeks punitive damages, court costs, and attorneys’ fees.

Although insurance companies provide some measure of compensation, a tractor trailer accident lawsuit such as Donald’s suit may be able to help plaintiffs recover compensation for accidents, regardless of what insurance pays. The Tractor Trailer Accident Lawsuit is Case No. 6:18-cv-02445-BHH in the Court of Common Pleas for the Eighth Judicial Circuit, South Carolina.