Texas has a lot of trucking traffic, and, unfortunately, sees many accidents involving 18-wheelers. Semi-trucks are extremely powerful pieces of machinery and when one collides with a smaller vehicle, the truck driver is often left uninjured while the driver of the smaller car likely has serious injuries. However, when two semi-trucks collide, either driver could be killed or injured.
In February of this year, a collision occurred between two tractor-trailers, and one truck driver was left dead because of the injuries he sustained. Now the deceased truck driver's wife, individually and as the administrator of her husband's estate, has sued the driver of the other 18-wheeler as well as the other driver's trucking company in the Eastern District of Texas, Texarkana Division.
The suit seeks wrongful death damages, survival damages, interest and court costs, and accuses the defendants of failing to keep a proper lookout, failing to apply brakes, failing to take proper evasive action, failing to maintain the proper lane of traffic, failing to yield the right of way, driver inattention, failing to drive at a safe speed and for operating the tractor-trailer in violation of applicable statutory regulations.
The accident occurred as the deceased man was driving his 2006 Mack diesel 18-wheeler down Highway 371 near Prescott, Arkansas. Apparently, the defendant truck driver was driving a 2009 Freightliner diesel 18-wheeler the opposite way and collided into the 2006 Mack truck, causing its driver to receive fatal injuries.
As you can see, the accident occurred in February and the wrongful death lawsuit was not filed until two months later. This is because pursuing a personal injury lawsuit in the wake of a trucking accident can be a complicated process. The process usually involves many insurance companies, including the insurance providers to the trucking company and all drivers involved.
However, it's important to remember that there is only a certain window of time that a personal injury law suit can be brought. Once that window of time is closed, a possible claim no longer exists. This is known as a statute of limitations, and the length of time that the window remains open varies from state to state.
Source: Southeast Texas Record, "Wrongful death lawsuit filed over tractor-trailer collision," Michelle Massey, 5/2/2011.
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