Western Express Inc. faces a truck accident lawsuit filed by a woman on behalf of her minor son who allegedly suffered severe and serious injuries after being involved in a truck accident caused by one of the company’s drivers.

Plaintiffs Angela D. files the truck accident lawsuit on behalf of Jonathan D. in the court of Common Pleas for South Carolina. The lawsuit was filed on June 26, 2018.

According to the truck accident lawsuit, Angela is a resident and citizen of the County of Fairfield, State of South Carolina.

According to her complaint, a driver for the company was operating the tractor-trailer on or about Nov. 11, 2015. That day, the child’s father was driving his pick-up truck going north on SC highway 55 in Richland County, S.C. Jonathan was seated in the front passenger seat, the complaint says.

As the company’s driver attempted a left-hand turn directly in front of the pick-up truck, Angela claims, the father “overreacted to the presence of the Western Express truck,” leading to a violent collision.

According to the truck accident lawsuit, Jonathan “suffered serious injuries to his body, including his head, face, and left knee, which have caused physical pain and suffering, mental anguish and emotional distress, loss enjoyment of life, impairment of health and bodily efficiency, and the incurrence of medical expenses.”

The truck accident lawsuit was filed on multiple counts including negligence and gross negligence, among others.

Overview: Filing a Truck Accident Lawsuit

Thousands of trucking accidents happen across the United States every year. In fact, statistics reports that almost 500,000 accidents occur each year and among those accidents, 5,000 accidents result in death and fatalities. Statistics also report that throughout the last 20 years, moreover, trucking accidents have also increased by almost 20 percent.

Many factors, however, also contribute to trucking accidents. These include:

• Driver fatigue
• Alcohol or drug use
• Lack of maintenance
• High speeds
• Brake problems
• Road and weather conditions
• Weight, load or size imbalances
• Lack of driver training/lack of experience
• Cell phone usage/distracted driving
• Violation of federal trucking laws and regulations

Federal laws and regulations also govern the trucking industry. Trucking companies, owners, and drivers, are all required to meet and adhere to these regulations and laws.

Most of the federal regulations pertaining to the trucking industry are found in Title 49 of the Code of Federal Regulations. The regulation of truck driving is also held by the U.S Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). Every state also has their own set of trucking regulations through the Department of Transportation.

Those responsible, however, for trucking accidents may include different individuals including:

• The owner of the truck/trailer
• The truck driver
• Manufacturer of the vehicle, tires, or other parts that may have contributed to the accident
• The company/party that leased the truck or trailer from the owner

A truck accident lawsuit can help crash victims recover compensation for losses such as:

• Loss of wages and loss of future earning potential
• Vehicle damage
• Total past and future medical expenses

The Truck Accident Lawsuit is Case No. 0:18-cv-01763-JMC, in the Court of Common Pleas Sixth Judicial Circuit.