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Automobile Collisions / Workers' Compensation

414-272-3636 877-412-7409

Victim’s claim denied, truck driver negligence alleged in suit

According to reports, it took emergency personnel an hour to get the plaintiff out of his crumbled car. The injured man is still being treated for injuries he suffered in the truck crash last January. Now he is reportedly suing the big rig driver for an unspecific amount of damages in an effort to recover.

While the accident didn't happen in Wisconsin, it easily could have. Reportedly, heavy fog was present over the interstate. The log truck, fully loaded, barreled into the rear end of the plaintiff's Subaru. The car was caught on the trailer, rolled over several times and was crushed into a ball. It's not difficult to vividly imagine what followed. Reports show a chain-reaction, 44-car pileup came next as morning rush-hour motorists entered the wall of fog.

Police investigators spent months investigating the accident. They charged the trucker with inattentive driving for failing to slow down in heavy fog. Records show him side-swiping a tractor-trailer before rear-ending the victim's vehicle. Three other drivers were reportedly charged with driving too fast in the fog, and two received citations for moving out of a lane without assurance it was safe. Two others followed too closely and couldn't prove insurance.

The plaintiff in the subject lawsuit filed a claim with the insurer of the trucking company for which the driver worked. It was denied, according to the injured man's counsel. The lawsuit was filed, naming the driver and the company as defendants. There are strengths and weaknesses to every case, and one reported fact that will likely be helpful is that there were citations given to the driver since the wreck for driving an overweight load and logbook entries neglected.

When faced with an accident and injuries, victims must first do what is necessary for medical treatment. After that, seeking assistance with legal options is a choice for many seeking stability for the future.

Source: Claims Journal, "Rearended Driver Files Suit Against Trucker in 44-Car Idaho Pileup" Nov. 24, 2014

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