A recent truck driver accident lawsuit claims that an Ace Hardware truck caused a serious accident due to “negligence and carelessness”.

Plaintiff Melissa S. alleges she was driving her Subaru on I-295 in New Jersey in October 2018 when the crash occurred. Truck driver Andrew F. was reportedly driving a semi truck on behalf of Ace Hardware Corporation at the time of the crash. When Melissa and another driver were stopped for traffic, Andrew reportedly hit the rear of the other driver’s 2013 Jeep Cherokee, which in turn rear ended Melissa’s vehicle.

Due to the truck driver accident, Melissa says her car was reportedly overturned and she was trapped inside. According to her lawsuit against Ace Hardware, Melissa suffered from “catastrophic injuries” including pelvic fractures, multiple bone fractures, lacerations, ear/hearing issues, a concussion, and the partial loss of two of her toes on her left foot. Additionally, she reportedly suffered from numerous bruises, contusions, and lacerations on her head, neck, and abdomen.

Melissa claims in the truck driver accident lawsuit that she has been forced to receive hospital treatment and subsequent rehabilitation treatment due to her inability to bear weight on her left side. She reportedly required surgery on her pelvis and toes and continues to require “extensive” physical therapy and other medical treatment.

Melissa’s husband, Anthony S., is also participating in the semi truck accident lawsuit, claiming that he was deprived of the “care, compassion, and services” of Melissa as his wife as well as loss of earning power.

Truck accidents like Melissa’s can be dangerous and even fatal. Because of the large size of tractor trailer trucks and their weight, accidents involving large trucks often result in injuries and serious damage to cars. Passenger cars are significantly smaller than large trucks, meaning that these cars and their passengers often bear the brunt of the damage. The Insurance Institute for Highway Safety’s Highway Loss Data Institute reported that in 2017 crashes involving a large truck and a passenger vehicle, 97 percent of fatalities were occupants of passenger vehicles.

The causes of tractor trailer accidents may vary, but crashes often involve driver fatigue. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) mandates that truck drivers cannot drive more than 11 hours a day.

However, in order to meet deadlines and get ahead on their delivery schedules, truck drivers may break these rules by driving for an extended period of time. This can cause driver fatigue and a lack of awareness which could contribute to a fatal crash.

“Long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep,” the FMCSA noted in a 2011 rule adjustment.

Other causes of truck accidents may include lack of driver training, alcohol or drug use, unsafe equipment, lack of maintenance, weight imbalances, high speeds, brake problems, distracted driving, road and weather conditions, and violations of trucking laws and regulations.

Melissa and Anthony each seek compensatory damages and exemplary damages over $50,000, as well as court costs and attorneys’ fees.

The Truck Driver Accident Lawsuit is Case No. 2:18-cv-05597-JP in the Court of Common Pleas for Philadelphia County.