Personal Injury Blog

Jury Awarded $8.5 Million in Trucking Accident Wrongful Death Lawsuit

December 27th, 2011
wrongful death lawsuit

A jury awarded $8.5 million in damages to the widow of a bicyclist who was killed in a trucking accident

A jury in New Hampshire has awarded $8.5 million in damages to the widow of a bicyclist who was killed in a trucking accident with a commercial truck.  The wrongful death lawsuit had been filed by the woman and her 2 children.

The accident occurred in August 2008, when the 38-year-old victim was bicycling in Maine.  A commercial truck owned by a Canadian company, ran over the bicyclist.  The bicyclist sustained fatal injuries.

In March 2010, the bicyclist’s widow and his 2 children filed a lawsuit against trucking company Loignon Camp-Carr Inc. and the lawsuit claimed $5 million in damages.  The lawsuit claimed compensation for the pain and suffering of the descendents, the victim’s medical expenses before he died, funeral and burial expenses as well as economic damages.

According to the lawsuit, the truck driver was at fault in the accident because he passed a moving bicyclist on a curve.  The company tried to argue that the truck driver had a safe driving record, and had not been reckless at the time of the crash.  The company also claimed that the driver had passed the bicyclist at a safe distance, and blamed the accident on a roadway surface that caused the bicyclist to lose control of his bicycle and fall under the truck.

Trucking companies are the main parties that may be named in truck accident lawsuits.  Trucking companies are required to follow proper hiring and recruitment procedures for truck drivers, and are also responsible for the physical condition of the truck.  However, other parties may also be named in a San Diego truck accident lawsuit.  For instance, the truck driver is the main person who may be held responsible for the accident.  Additionally, if the accident was caused by defective maintenance and repairs, any company responsible for the maintenance and repairs of the truck may be named in the claim.

If the accident was caused by a defective highway or roadway, then state or local transportation safety agencies that are responsible for the design or maintenance of roads, may be named in a claim.  If the accident was caused by a defective component in the truck, the manufacturer of the truck can be held liable for injuries in an accident.  Sometimes, truck accidents occur because of the negligence or carelessness of another driver in the vicinity.  In such cases, that driver can also be named in a claim.  In such cases, it’s very important for your San Diego truck accident lawyer to conduct a reconstruction of the accident to identify the parties that can be named in a lawsuit.

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