Children of Couple Killed in Truck Accident File Lawsuit Against Trucking Company

The grieving children of an Arizona couple are suing an Abbotsford trucking company for $10 million after the couple was killed on a California highway just outside of Oregon. The 54-year-old husband and his 46-year-old wife lost their lives on June 28, 2021. The couple was driving in their Mazda sedan from their home in Yuma, Arizona on the way to Klamath Falls, Oregon when a Honda driven by another driver crossed into their lane and struck them head-on. Passersby stopped to render aid to the couple, but moments later, a tractor-trailer driven by a 23-year-old truck driver crashed into both vehicles. The couple had survived the initial accident but did not survive the truck crashing into the accident scene.

The driver of the tractor-trailer was reportedly under the influence of alcohol when the accident occurred. He has since been charged with vehicular manslaughter, multiple counts of driving under the influence with injury, and he had a blood alcohol level of .15 which is more than four times the legal limit for commercial truck drivers in the United States. Most of the charges against the driver were eventually dropped and he ended up pleading guilty to one count of driving under the influence with injury.

Elements of negligence

The family is suing both the driver of the truck and the company that he works for. The driver was charged with driving under the influence of alcohol while operating a commercial truck and faced criminal charges related to the couple’s death. The company is being sued for negligent entrustment of the truck with a driver who was “unfamiliar with safe driving operation.” The claim also states that the driver was working longer in the U.S. than was allowed by his work visa.

The family has filed a wrongful death lawsuit against the trucking company. They claim that the driver, who was operating the truck under the influence of alcohol, failed to react quickly enough to notice that there was an accident up ahead. Commercial trucks are unlike commuter vehicles insofar as they cannot stop on a dime. Often, lawsuits are filed against commercial trucking companies when their drivers smash into the back of a vehicle during a traffic slowdown.

Wrongful death lawsuit

The family will file a wrongful death lawsuit against the company that employed the driver who was drunk while operating his truck. Under the theory of vicarious liability, an employer is responsible for the conduct of an employee who is representing the company in an official capacity. That means that the trucking company is automatically liable for the deaths caused by the truck driver. The family can recover damages for their emotional grief, the pain and suffering of the victims, and the loss of financial support for minor children.

Talk to an Oakland, CA Truck Accident Lawyer Today

The Oakland, CA truck accident lawyers at Venardi Zurada represent the interests of those injured in truck accidents caused by commercial drivers. Call our office today to schedule a free consultation and we can begin discussing your injuries right away.

Source:

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