A truck accident lawsuit has been filed by the family of a man who was killed by a dump truck in a hospital parking lot.

Plaintiff Norma S., daughter of deceased David D., has filed a truck accident lawsuit against JR Companies which operates Ground Zero Services, the company overseeing parking lot construction at the time of David’s death.

In October of 2016, David was visiting a friend at the St. James Hospital. The truck accident lawsuit claims that while walking to his car after his visit, David was fatally hit by a dump truck unloading asphalt. The parking lot was being repaved at the time of David’s death.

Norma argues that the construction company was careless and negligent at the construction site, causing her father to die. The truck accident lawsuit alleges that the company failed to use a safety spotter, failed to place warning signs and failed to use barriers around the work zone. Norma seeks compensation for medical expenses and funeral expenses as well as financial damages.

JR Companies has denied any wrongdoing on its part, claiming that David’s own negligence caused his death. The attorney for JR Companies responded to the truck accident lawsuit in a statement, calling the death a “tragic accident.”

The attorney also stated that there were warning cones in the parking lot and that the hospital staff had offered to walk David to his car. JR Companies has filed a motion to dismiss the case and has requested an order for Norma to pay the company’s legal expenses for the process.

This is the second lawsuit that Norma has filed following her father’s death in 2016. The first truck accident lawsuit was filed against the truck’s owner, Jen’s Haulers. The lawsuit was settled out of court in October 2017 for $105,000. Of the settlement reward, $68,000 went to Norma, $35,000 went to her attorney, and over $1,000 went to Medicare.

Norma’s truck accident lawsuit can be classified as a personal injury lawsuit. Personal injury lawsuits usually aim to recover compensation following an accident or injury. Oftentimes, these lawsuits are settled out of court through settlement negotiations. This occurred in Norma’s first truck accident lawsuit against Jen’s Haulers.

Although every situation is unique, most personal injury lawsuits argue that negligence resulted in the injury. Negligence is defined under law as “the failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect oneself or others from bodily injury, death, property damage.”

Although many accidents cannot be avoided, plaintiffs in personal injury cases must argue that a reasonably careful person would have acted differently.

Examples of negligence include:

• A drunk driver who causes a car accident.
• An unsafe crosswalk which leads to a pedestrian being hit by a car.
• A dog biting a child after being allowed to roam free.
• A store owner to fails to fix the floor which results in injury.
• A doctor whose carelessness leads to medical complications.

If you or a loved one were injured as a result of an accident, you may be eligible for a personal injury lawsuit. Fill out the form on this page to request a free case evaluation.