April 2, 2012

Woman Awarded $2.9M after Fatal UPS Truck Collision

by Levin & Perconti

SacBee.com recently released a report detailing a settlement that has been reached in a lawsuit stemming for a trucking accident that resulted in the fatality of a 52 year-old woman. The accident in question transpired on April 10, 2009 when the woman was traveling on an interstate highway to visit her children for Easter. A UPS truck that was traveling along the roadway with the accident victim rapidly changed lanes and collided into the woman’s special utility vehicle. Our Chicago truck accident lawyers learned that the lane change was characterized as “unsafe.”

The news report revealed that initially the defendant attempted to blame the accident victim for the devastating collision. Court papers filed by the defense attorney said that the fatal wreck was the direct result of an “unavoidable accident or sudden emergency” and was not the fault of UPS. However, after a lengthy trial, the jurors found in favor of the accident victim’s family and awarded the woman’s husband and her three adult children $1.75 million. The settlement amount will compensate for past and future loss of love, affection and comfort and other non-economic damages.

Often times there are some motor vehicle accidents that cannot be avoided. However, any Chicago truck accident attorney will tell you that when someone is seriously or fatally injured in an accident caused by careless driving, the driver should be held legally liable for damages incurred. In this case, large commercial vehicle drivers are required to adhere to a standard of care that requires them to operate their vehicles safely in order to avoid collisions of any kind.

When this standard of care is violated by a factor such as unsafe lane change and an accident ensues, the driver and their trucking carrier may be held liable for negligence if the victim sustains injury. If a premature death results from a careless or negligent driver, a wrongful death lawsuit may be filed against the truck driver, as well as, his or her trucking company.

Our Illinois trucking accident attorneys at Levin & Perconti continue to urge our readers to driver carefully around large commercial vehicles. Collisions involving these substantially larger and heavier vehicles can often cause significant property damage, personal injury, or sometimes even death. If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent driver, please contact our experienced accident attorneys as soon as possible to see what legal rights may be available to you.