Earlier this week, a Chicago truck accident lawyer at our firm read a news report posted on PhillyBurbs.com detailing a negligence lawsuit that has been filed on behalf of an 11-year-old girl who was killed after a dump truck collided with the school bus she was traveling in. The accident in question transpired in February of this year when an overloaded dump truck was traveling at an excessive speed and failed to observe oncoming traffic before crossing a high speed intersection – subsequently colliding into the school bus. The dump truck struck the rear side of the bus – causing the school bus to spin and crash into a light pole at the intersection.
As a result of the accident, seventeen children were injured – including the accident victim’s two sisters — and causing fatal injury to the accident victim. The civil lawsuit was filed earlier this week by the 11-year-old’s parents and seeks an unspecified amount of damages. Our Chicago truck accident attorney learned that many of the claims asserted in the lawsuit stem from findings released by law enforcement agencies and the National Transportation Safety Board. At the time of the accident, the 66-year-old school bus driver was cited for failing to stop or yield and the 38-year-old dump truck driver was charged with violations stemming from the condition of his overweight truck, inadequate brakes, as well as, improper securement of the dump truck’s load.
According to court documents, the lawsuit asserts that the defendants were negligent in their daughter’s death, as well as, the injuries and trauma sustained by her sisters. It is asserted that the truck should not have been traveling on the roadway due to its weight and condition and that the truck driver was driving at an excessive speed and not paying attention to the dangers posed by the roadway. The complaint also refers to the suspension of the dump truck driver’s license in 2003 for reckless driving. It is argued that the suspension was a predictor that he would likely be involved in future accidents and his trucking company should have assigned him to a non-driving position.
Our Illinois truck accident attorneys learned that although no criminal charges have been filed – it is reported that the case will remain open and that no determination would be made on criminal charges until the safety board concludes its study and issues a final report. Possible criminal charges may be filed against the school bus driver who – according to toxicology results – maintained a therapeutic level of an undisclosed prescription drug in his system. However, local authorities reveal that the drug was properly prescribed to the driver and would not have impaired his ability to driver the bus at the time of the accident.