At least four lawsuits have already been filed against a Kentucky truck driver and his employer after a nine-vehicle crash on June 2015 killed six people and injured 12 others. The truck driver and his passenger were not injured.
Reports revealed that the truck driver tested positive for drugs after the crash and was found to have violated federal commercial hours-of-service regulations leading up to it. The FMCSA determined that he had falsified his records-of-duty log for the days immediately preceding the accident, claiming he had been off-duty from June 15th through June 25th. However, tracking systems demonstrated that he had been driving his truck on June 22, 23 and 24, for 45 hours straight before the accident. He has been charged with six counts of vehicular manslaughter, four counts of reckless aggravated assault, and one count each of driving under the influence of narcotics, speeding, and making false reports about his duty status. Reports also show that his employer, Cool Runnings Express, has a spotty record involving violations for defective brakes and driver logs. This tragic accident, and the glaring circumstances leading up to it, demonstrates the compelling need for better government safety regulation of the trucking industry.
In the meantime, three of the lawsuits have recently been consolidated; a fourth case is awaiting the judge’s determination to decide whether to consolidate it with the other cases. The lawsuits allege that the truck driver “operated his vehicle with negligent and reckless disregard for the safety of others,” and accuses him of speeding, failure to keep vehicle under control and reckless driving along with other violations. The claims allege that Cool Runnings Express “failed to exercise reasonable and ordinary care in its decision to hire the driver, as well as failure to supervise him, and failed to properly maintain its vehicle in accordance with the federal regulations.
Trucking accidents cause thousands of catastrophic and devastating injuries and deaths each year, resulting in lawsuits which can often take an extended time to settle. If you or a loved one has been seriously injured in a trucking accident, it is important to consult an attorney who specializes in this area of the law. An attorney can help protect your legal rights as well as hold the wrongdoer fully accountable and achieve a fair settlement. If you need assistance locating an attorney in your area, Lawsuit Financial would be happy to refer one from our nationwide database.
Once your lawsuit is underway, what if you are missing work, lost your job, or your deceased loved one was the sole provider? How do you pay the mounting medical expenses, funeral and burial costs, mortgage payments, and household bills? The financial strain not only seriously impacts your life, it also impacts your case. A financially desperate plaintiff is not in a favorable position regarding settlement negotiations; this person will often settle for too little, too soon.
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