Recently, personal injury attorneys have become interested in cases involving large trucks, such as cargo vans, big box trucks, semi trucks and buses, because of an increase in traffic fatalities and injuries related to these vehicles. Large motor vehicles have been involved in more crashes and traffic deaths lately, because the number of semi trucks and cargo vans have increased at the same time that speed limits have been increased on many highways. This combination can be deadly.
A recent case is illustrative. In Missouri, an 8-year-old girl was crossing the street to board her school bus when she was struck and killed by a semi truck. Semis are frequently involved in pedestrian deaths due to the lack of clear visibility below the grill of these high-standing vehicles. Personal injury lawyers have advocated for placing mirrors on the front of these vehicles in order to allow drivers to see pedestrians that may not otherwise be visible. Such mirrors are extremely cheap and can be lifesaving.
In this instance, the truck driver was found to be negligent in failing to stop while passing a bus that was in the process of loading children. The School District was also held liable because the bus driver had failed to use proper warning devices to alert oncoming traffic that it was stopping in order to allow children to exit or enter the bus.
According to a report, “the initial wrongful death lawsuit had alleged that the school district failed to provide a safe bus stop for [the child] and that the bus stop was not offered on the side of the road on which the family lived. It also alleged negligence by the truck driver and his employer, arguing that the driver did not slow his truck when he saw the school bus, that he failed to keep the truck in his traffic lane and that he was on his cell phone.”
It is not unusual to find that traffic accidents occur as a result of multiple factors, such as poor weather, high-speed driving or speeding, distracted driving (such as cell phone use), drunk driving, inexperienced drivers, poor visibility, fatigued drivers and/or improper traffic control devices.
The loss of a child is always extremely devastating, leaving the parents with lifelong grief, depression and a sense of loss. The psychological impact of losing a child can have profound effects on the marital relationship and the parent’s ability to cope and carry on normal activities of work and household upkeep. Divorce, suicide and depression rates all arise when parents lose their child as a result of any kind of accident, especially the horror of having your child run over by a semi truck during an ordinary school day.
Depending on the state, the wrongful death damages available for such a case may allow for the recovery of millions of dollars. Even though the money will not bring the young child back, it does serve to alleviate other stresses in the parent’s life caused by the negligent act and resulting wrongful death.
Need more information? Contact a truck accident lawyer in Cleveland, OH, or the team at Mishkind Kulwicki Law Co., L.P.A. for more details.
