Woman Dies in Tractor-Trailer Accident
A woman was fatally injured after her vehicle collided with a tractor-trailer in Columbus, Ohio. The woman was ejected from her vehicle because she was not wearing a seatbelt. She was survived by her 5-year-old child, who was also in the car and was found in fair condition. The son was wearing his seatbelt.
Allegedly the woman was driving southbound when, for unknown reasons, she went left of centerline and was struck head-on by a tractor-trailer that was heading northbound. The truck allegedly attempted to avoid the accident, but was unable to swerve out of the way.
This scenario shows the vast difference that wearing a seatbelt can make in a car accident. In Missouri, car seat safety laws require children under age four and under 40 pounds to ride in a federally approved child car seat that is appropriate for the child's age and size. Missouri truck accident attorneys will tell you they see the same scenario time and time again. Children ages 4 through 7 who weigh more than 40 pounds but less than 80 pounds or are not at least 4'9" tall must ride in an appropriate child car seat or booster seat. Children ages 8 to 18 must wear a seat belt.
Missouri law also mandates seat belt use and currently has a secondary safety belt law. This means that if you are pulled over for another offense, such as speeding or having a broken tail light, the officer can give you an additional fine for not wearing your seatbelt. However unlike some states have primary seat belt laws, not wearing your seatbelt is not reason enough to pull you over.
Seat belts are also important in terms of liability because when someone is wearing a seatbelt and still suffers injuries that should have been prevented by such use, courts may look at the seatbelt itself to determine if it was faulty or otherwise deficient and perhaps contributed to the damages. In this case, seat belt use could lead to a product liability suit.
Seat belts are also important in terms of liability because when someone is wearing a seatbelt and still suffers injuries that should have been prevented by such use, courts may look at the seatbelt itself to determine if it was faulty or otherwise deficient and perhaps contributed to the damages. In this case, seat belt use could lead to a product liability suit.
Also in terms of liability and seat belt use comes nonuse and the impact that it may have in liability. In some cases where nonuse of a seat belt is alleged, and it is proven that such failure was the proximate cause of the accident, courts may allow evidence of the nonuse to influence judgment. Courts have specifically held that such evidence may be introduced with respect to damages, or as to whether a party's failure to wear a seat belt was the sole proximate cause of his or her injuries. This means it is not only important to wear a seat belt for safety issues, but also for future liability issues that may arise from nonuse.
In the unfortunate event that you are involved in an accident and need an experienced truck accident or personal injury attorney, 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 for you.
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.
