Illinois Family Files Wrongful Death Lawsuit Against Trucking Company

An Illinois family has filed a personal injury wrongful death lawsuit against the trucking company and truck driver they blame for the crash that took his life. According to the complaint, the driver of the truck failed to stay in his lane and did not slow down to avoid hitting the decedent’s vehicle. The 25-year-old victim was killed when his vehicle was hit from behind by the tractor-trailer that was driven by the defendant driver on Interstate 80 in Austintown last December.

The driver of the truck was sentenced to 30 days of house arrest, two years probation, and was required to perform 50 hours of community service. The family is outraged that the driver will not face any jail time, according to their lawyer. Along with their lawsuit, the family and their attorneys are pushing for legislation that would require truck drivers to be drug tested in the event of a fatal crash. The family also wants to see the Department of Transportation lead all investigations involving fatal trucking accidents.

Reports indicate that the hospital administered a blood test to the driver following the crash, but he was not given a full toxicology test. An attorney for the driver said that his blood test from the hospital came back clean. An Illinois prosecutor said that the blood screen taken at the hospital differed from what would have been conducted if a full toxicology screen had been ordered. Police officers at the scene did not detect impairment so toxicology tests were never ordered.

The driver said in court that he had never used drugs or alcohol while driving, and on the day of the crash, he suffered from a medical condition that caused him to lose consciousness and lose control of the vehicle.

Elements of negligence 

The lawsuit contends that the driver acted in a careless and negligent manner, leading to the death of the decedent. The victim’s parents are making wrongful death and survival claims against both the driver of the vehicle and the company he works for. They allege that the trucking company negligently hired and trained the driver.

The driver contends that he suffered a medical event while on the road leading him to lose consciousness. There is no doubt that he is responsible for the accident that caused the death of the decedent. The question then becomes: How responsible is he? The plaintiffs seem to want to insinuate that the driver of the vehicle was under the influence of drugs or alcohol at the time of the crash, but no toxicology report indicates that he was drunk or high. Hence, the plaintiffs are pushing for legislation that requires the government to test truck drivers after fatal accidents.

Talk to a Truck Accident Lawyer Today 

The Decatur, IL truck accident lawyers at Patel Law, PC represent the interests of individuals who have been injured in truck accidents or in accidents involving commercial vehicles. Call our office today to schedule a consultation and we can begin investigating your situation right away.

Source:

wkbn.com/news/local-news/familys-lawsuit-alleges-negligence-in-local-fatal-crash-pushes-for-mandatory-drug-testing/