Wrongful Death Lawsuit Follows Fatal Truck Accident
The wife of a tractor trailer truck driver killed in an Alabama highway accident brought a wrongful death lawsuit against another truck driver. The truck accident was caused by the second truck hitting the decedent’s truck after it was laying idle on a roadway after rolling over. In this case, the decedent allegedly lost control of his tractor-trailer and his large truck swerved into the median, struck a road sign, went into a drainage ditch, and then traveled back up onto the highway while rolling over. The tractor trailer came to rest partially blocking the road. It is disputed whether he was fatally injured after the initial events.
The defendant truck driver was traveling on the roadway when he saw the decedent’s truck lying across the road. The defendant allegedly slammed on his breaks, but the large truck he was driving wasn’t able to stop in time. He collided into the decedent’s tractor trailer. At the time of the accident it is undisputed that the defendant was driving within the 70-mile-per hour speed limit and had his headlights on. He was not cited in the accident.
The decedent’s family filed a truck accident lawsuit against the other driver and the trucking company he worked for wrongful death. However, the evidence did not establish that the defendant colliding into the truck caused the decedents death. Also, it was found likely that the initial, single-vehicle crash, caused the decedent’s death. The court found the only evidence the plaintiff had to support that the second accident was the proximate cause of the death was through the testimony of an accident-reconstruction expert.
The expert testified that with his general experience with overturned trucks,” he had never seen injuries as severe as the decedent's in an overturned truck accident. Essentially, it was determined it was highly unlikely that the decedent's injuries were associated with the overturn; and that, instead, it was likely that the impact with the defendant’s tractor trailer caused the death.
The defendant’s truck accident attorney objected to the testimony of the expert, arguing such testimony was not admissible because the witness had no formal medical training and was not qualified as expert on cause of death by knowledge, skill, training, or education. Furthermore, the defendant argued even though the expert had extensive experience as an accident reconstruction expert, he “did not demonstrate adequate experience in determining cause of death.
The rule of admissibility of expert testimony is typically that evidence is admissible if scientific, technical, or other specialized knowledge will assist the trier of fact (jury) to understand the evidence or to determine a fact in issue. A witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
Expert testimony must typically fulfill three elements:
- The testimony must be based upon sufficient facts or data
- The testimony must be the product of reliable principles and methods
- The witness must apply the principles and methods reliably to the facts of the case.
The court ultimately ruled the accident-reconstruction expert in this case did not fulfill the requirements above because his finding were not based on knowledge, skill, education or training even though he was familiar with the material. The court ruled, because this testimony was inadmissible, the plaintiff had no proof to rely on for the wrongful death claim and there was no showing that the second accident was the proximate cause of the fatal injuries.
If you or a loved one is involved in a Missouri large truck accident, I am more than willing to meet with you, face-to-face, to discuss your Missouri truck accident case and to answer any questions and concerns you may have.
As an experienced truck accident attorney and partner of Page Cagle, A Missouri personal injury law firm, I have been aggressively representing truck accident victims for the entirety of my career. If requested, I will immediately alert our truck accident investigation team and begin taking the same action as the truck company and their insurance company.
You can reach me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.TruckAccidentLawGroup.com, for more information.
