A man has filed a truck accident wrongful death lawsuit after his mother died in an accident on the freeway in Missouri.

Plaintiff Theodore G. has filed the complaint against Oakley Transport, Inc. and truck driver Herbert J. Aymond.

Theodore says his mother LaWanda G. was driving a car on Interstate 57 northbound in Mississippi County, Mo. on Oct. 11, 2018.

According to the truck accident wrongful death lawsuit, at around the same time, a semi-tractor leased by Oakley Transport and driven by Aymond was headed southbound on Interstate 57 near the same location.

The semi-tractor and trailer allegedly crossed the median, collided head-on with LaWanda’s vehicle and caused her vehicle to spin and hit another car in the northbound lanes.

Emergency responders pronounced LaWanda dead at the scene.

Theodore alleges his mother’s death was directly caused by the semi-tractor crossing the median and hitting his mother’s car head-on, which is why he has filed a truck accident wrongful death lawsuit against the trucking company and the truck’s driver.

Truck Accident Wrongful Death Allegations

According to Missouri state law, “motorists must drive in a careful and prudent manner and exercise the highest degree of care when operating a motor vehicle on the roads and highways of the State of Missouri.” The law also says that every driver must observe and follow the rules of the road, the complaint says.

“The injuries suffered by LaWanda G. were injuries that these statutes were designed to prevent,” says the truck accident wrongful death lawsuit.

The complaint goes on to say that Oakley Transport is vicariously liable for the recklessness committed by driver Aymond. Oakland had a responsibility to hire, train and supervise its drivers.

The truck accident wrongful death lawsuit alleges that Oakley was negligent and did not exercise reasonable care when the company allowed Aymond to operate a commercial semi-tractor when allegedly did not meet the required qualifications.

The truck accident wrongful death lawsuit alleges Oakley should have known Aymond “was reckless, unqualified and/or incompetent.”

Oakley also is faulted for allowing (or requiring) Aymond to drive while he was in an unsafe condition to drive, whether he was sick or too tired to concentrate effectively while behind the wheel.

The truck accident wrongful death complaint faults Aymond for allegedly driving in a negligent and reckless manner by failing to yield, failing to stay in the appropriate lane on the interstate, operating a vehicle while he was distracted and operating a vehicle in an impaired condition.

Aymond also is accused of failing to keep a careful and proper lookout as he was driving and of operating the vehicle at a greater speed than was deemed reasonable under the conditions.

Aymond also allegedly failed to take any evasive action to avoid impacting LaWanda’s vehicle. There purportedly was no “stopping, swerving, slowing speed, sounding a warning or any combination thereof” to avoid hitting LaWanda’s car.

Theodore seeks damages for aggravating circumstances, loss of companionship, and LaWanda’s pain and mental anguish from the time her injuries or impending death were known to her until her actual death.

The Truck Accident Wrongful Death Lawsuit is Case No. 4:18-cv-02025-UNA in the U.S. District Court for the Eastern District of Missouri.