Fatal Truck Accident Lawsuit Filed in Southern Minnesota
A wrongful death truck accident lawsuit filed last year went to trial this week in Olmstead County, Minnesota, according to reports in the Rochester Post-Bulletin.
In August 2008, a 19-year-old Winona State University student was killed on Interstate 90 near Eyota, Minn., when his car rear-ended a fuel truck. The lawsuit, filed against the truck driver and Midwest Industrial Fuels, Inc., alleges that just before the accident, the driver made an illegal U-turn. As the fuel truck turned from eastbound I-90 to westbound I-90, the plaintiff’s attorney alleges that the driver remained in the left lane of the westbound side of the road while driving less than the minimum speed.
The victim was en route to Rochester, Minn., to meet his mother, who lived in Burnsville. They had planned to go over student loan paperwork at a restaurant and when he didn’t arrive on time, the victim’s mother began driving toward Winona on I-90. According to the Rochester Post-Bulletin:
“She came across the accident, and recognized her son’s car, wedged beneath the rear bumper of a fuel truck. “She ran over, screaming” and was stopped by a State Patrol trooper… Her son was dead.”
The defense is contending that the accident was caused only by the victim’s negligence.
Driver Negligence in Truck Accident Cases
There are four basic legal elements in a driver negligence case:
- It must be shown that the driver had a duty (essentially, the duty to be a safe and responsible driver)
- It must be shown that the driver breached that duty. This is known as breach of duty.
- Lawyers must then show that the driver’s breach of duty is what caused the victims injuries. This is known as causation.
- The severity of the injuries suffered by the victim need to be clearly shown so that the victim can receive the maximum amount of compensation, or damages, he or she deserves.
Truck drivers are subject to both state and federal laws, and are regulated by the Federal Motor Carrier Safety Safety Administration (FMCSA). Therefore, commercial drivers have to follow certain rules that noncommercial drivers don’t need to follow, such as:
- Hours of service. (How many hours a driver can legally work without becoming fatigued, which can endanger others on the road. This information must be recorded in the driver’s log.)
- Drug and alcohol requirements.
- Driver qualifications. (Truck drivers must have qualifications above and beyond an everyday driver.)
- Truck parts and maintenance. (There are FMCSA requirements regulating types of parts and maintenance standards trucking companies must follow to ensure the safe operation of their vehicles.)
There are many more specific regulations and a good truck accident lawyer will closely examine these rules to see whether the driver in the case has violated them.
News source:
http://www.postbulletin.com/newsmanager/templates/localnews_story.asp?z=2&a=448442
Tags: car-semi accident, fuel truck accident, killed in a semi accident mn, wrongful death mn
