On Sept. 8, a catastrophic trucking accident stole a Pittsburg, Texas, man's family from him. Now the man has sued the truck driver and his employer, Sierra Transportation Inc., alleging that negligent operation supervision caused the head-on collision.
The accident occurred near Tucson, Arizona, as the driver of an 18-wheeler lost control of the truck while traveling eastbound on Interstate 10. The tractor-trailer driver allowed the truck to cross the median and into the westbound lane, where it struck the vehicle of a Texas mother and her two sons. All three family members suffered fatal injuries in the accident.
After losing his family, the Texas man filed the wrongful death lawsuit on Sept. 26 in the Eastern District of Texas, Marshall Division. The lawsuit accuses the truck driver of failing to keep a proper lookout, failing to avoid the accident, driver inattention, failing to maintain the vehicle, failing to take proper evasive action and failing to operate the vehicle as a reasonable and prudent person would have done under the same or similar circumstances.
Additionally, the Texas man has also sued the trucker's employer under the theory of respondeat superior, which holds that an employer is responsible for the negligent actions of its employee if the actions occurred while performing the regular duties of the job. The man also accused the trucking company of negligent entrustment, negligent supervision, negligent hiring and negligent training,
The lawsuit seeks wrongful death and survival damages for mental anguish, loss of consortium, loss of advice and counsel, loss of services, funeral expenses, loss of companionship and society, medical expenses, physical pain, disfigurement, physical impairment, court costs and interest. The exact amount sought was not specified.
Although wrongful death or survival damages will never take away the pain of losing loved ones under such tragic circumstances, they could help provide financial security during this difficult time. Additionally, forcing trucking companies to pay damages in situations like this sends a message that 18-wheelers need to be operated with the utmost safety and care on our roads.
Source: The Southeast Texas Record, "Trucking company sued after three people died in head-on collision," Michelle Keahey, Oct. 17, 2011.
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