Man Dies After Crashing Into Tractor-Trailer
A state employee was killed in a DUI accident in Frankfort, Kentucky, after her car was struck by a tractor-trailer loaded with concrete. Her family filed a wrongful death claim against the trucking company that owned the tractor-trailer involved in the fatal wreck.
The driver of the tractor-trailer was allegedly under the influence of marijuana and methamphetamines when his truck crossed the centerline.
The decedent's husband filed a lawsuit, accusing the trucking company of carelessness, negligence, and reckless disregard of duty. The family estate claims $17,300 in damages for funeral and burial expenses, in addition to an undisclosed amount for emotional pain and suffering, loss of companionship and loss of future earnings.
The truck driver pleaded not guilty when he was arraigned on charges of murder, promoting contraband, possession of a controlled substance, possession of marijuana, operating a motor vehicle while under the influence and possession of drug paraphernalia.
In wrongful death claims, generally the death must have been caused by the defendant's conduct, even if it was only partially caused by the defendant and even if there was no direct intention to kill the victim. The defendant must have been found negligent for the victim's death. The deceased usually must have dependents to file the suit, such as family members who have suffered from emotional and monetary damages as a result of the death.
Wrongful death claims may arise out of a number of circumstances, including but not limited to:
* Medical malpractice that results in decedent's death;
* Airplane or automobile accidents;
* Occupational exposure to hazardous conditions or substances;
* Criminal behavior; and
* Death during a supervised activity.
Pecuniary injury, which is generally the loss of support, service, inheritance and medical expenses, or financial injury are the typical measures of damages in a wrongful death action. However, in some cases a survival action for a decedent's conscious pain and suffering can be awarded. and are usually based on the decedent's:
1) degree of consciousness;
2) severity of pain; and,
3) apprehension of impending death, along with the duration of such suffering.
As an experienced Missouri personal injury and tractor-trailer accident lawyer, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our accident investigation team and immediately take action in your defense.
The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit my website, www.MissouriTractorTrailerCrash.com for more information.
