New Hampshire Woman Wins $8.5M in Wrongful Death Trucking Accident
A woman and her two children recently won a wrongful death lawsuit against a trucking company in the death of her 38-year-old husband who was killed in August 2008 during a cross-country bicycle ride.
As the man entered a bend in the road during the final leg of the race, a tractor-trailer straddled the center line attempting to pass, but a car was approaching in the opposite lane. When the truck veered to the right, the cyclist went onto the shoulder, lost control, and was thrown under the truck's back tires, dying instantly.
The lawsuit sought to recover damages for negligence, pain and suffering, medical expenses, funeral and burial expenses, and economic losses. The plaintiffs argued that the driver was negligent to have passed a moving bicyclist on a curve. The defense argued that the broken pavement, not the trucker, was the cause of the accident. The plaintiff’s attorney agreed that the pavement played a part, but ultimately it was the driver that forced the cyclist off the shoulder and that the area where the accident occurred was not a safe place to pass. After a seven day trial which included testimony from other cyclists on the trip, a state trooper and an accident reconstructionist, the jury ruled that the truck driver was negligent and awarded the victim’s family $8.5 million - $3,500,000 in damages for loss of wages, earning power and household services; $2,500,000 for loss of consortium, including emotion distress, to the widow; and an additional $2,500,000 to each of their two minor children.
The $8.5 million ruling may seem substantial, but it will never replace the emotional loss of a loved one. Since his death, this mother of two has taken a hobby into a business to support the children and have flexibility to be there for them. She hopes others will learn from this tragic accident and be more cautious drivers and be aware of those around you. A simple risk, a simple careless error can cause a whole family to suffer," she said.
If you have been seriously injured or lost a loved one in a trucking accident due to someone else’s negligence, you should consult an experienced attorney to know your rights. After filing a suit, it may take months or years to settle, yet you may be suffering not only emotionally and physically, but financially as well.
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