Brigette Honaker  |  February 20, 2019

Category: Legal News

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A blue truck drives by a lake.A truck accident lawsuit filed by grieving family members claim that driver negligence caused a fatal accident.

Plaintiffs Javier E. and Raquel C. recently filed this truck accident lawsuit against Morgan Van Lines Inc. and their driver Brian T., claiming that Brian’s negligence caused a car accident which resulted in the death of Alejandro E.

The plaintiffs say that in March 2018, Brian was reportedly driving a tractor trailer owned by Morgan Van Lines while working for the company. At the same time, Alejandro had reportedly stopped his 2015 Chevy Silverado after witnessing a car accident. As he was attempting to exit his vehicle so that he could assist at the accident scene, Alejandro and his vehicle were reportedly struck by Brian’s large truck.

The impact allegedly injured Alejandro as he stood near the left rear of the vehicle and flung him into the ditch, according to the plaintiffs. His family members claim that he “suffered severe injuries that lead to his painful and agonizing death in the ditch of Interstate 70”. Highway Patrol reportedly found Alejandro laying lifeless in the grass and pronounced him dead at the scene.

Alejandro’s surviving family members claim that Brian was negligent and bears the blame for the crash and Alejandro’s death. Brian was allegedly driving too fast which caused him to lose control of his truck and travel off the right side of the road and strike Alejandro.

“[Alejandro’s] injuries and his ultimate death were a direct and proximate result of [Brian’s] negligent actions,” the truck accident lawsuit claims. “[Brian’s] failure to use the highest degree of care in the operation of the vehicle directly caused and/or directly contributed to the personal injury, pain and suffering, mental anguish, and death of [Alejandro].”

The family also seeks to hold Morgan Van Lines accountable since they own the truck which struck Alejandro, and because Brian was operating in the scope of his employment at the time of the crash.

Truck accidents can easily be fatal to passenger vehicle occupants and bystanders because of the huge size of semi-trucks in comparison to smaller vehicles. Although truck drivers may be injured as a result of an accident, fatalities are much more common in smaller vehicles.

According to the Insurance Institute for Highway Safety’s Highway Loss Data Institute, size is only one factor that makes truck accidents so dangerous. Trucks reportedly take 20 to 40 percent farther than cars to stop, a distance which is only increased when roads are wet or brakes are worn. This may make it hard for drivers to control their vehicles in the event of an accident or unpredictable road conditions.

In 2014, CNBC challenged the frequent incidence of truck accidents and called for regulatory agencies to do more to prevent these tragedies.

“What is clear is that, in any other industry, thousands of deaths a year would generate a national outcry. But because trucking deaths are scattered in small numbers across the country, they don’t often get covered in the national news,” CNBC said. “And with trucking as the backbone of a U.S. economy that’s struggling to grow, both government and industry are wary of putting too many restrictions in place that could harm the country’s ability to do business.”

The Truck Accident Lawsuit is Case No. 2:19-cv-04015-BCW in the Circuit Court of Cooper County, Missouri.

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