A truck accident lawsuit filed against an Illinois truck driver will move forward now that the Judge hearing the case has denied the truck driver’s motion for dismissal based on a lack of evidence. The lawsuit was filed in connection with a September 2012 truck accident.
The lawsuit against the truck driver relates to his involvement in an accident that killed a family of four when the car they were riding in was struck by another vehicle after the truck driver failed to stop in time to avoid a previous accident on the road he was traveling on. According to StarHerald.com, prosecutors are arguing that the truck driver acted recklessly because he had been on duty for over 15 hours at the time of the accident. Additionally, evidence has been presented indicating that the truck driver failed to notice emergency lights or radio alerts warning him of an upcoming accident on the road. According to eyewitnesses the driver did not slow down and brake in time to avoid the previous accident and this caused him to crash into stopped vehicles which lead to the crash that killed the family.
The United State Department of Transportation’s Federal Carrier Safety Administration has enacted rules and regulations designed to protect both drivers of commercial trucks and other passengers traveling on the road and to try to keep trucking accidents from happening. These rules and regulations include limits on how many hours a truck driver can be on duty. No commercial driver is allowed to be on duty for longer than 15 hours, which is what the truck driver in this lawsuit is accused of having done. This regulation, along with others, are intended to make sure that drivers are not on the road when they are too tired to be driving.
Our Illinois truck accident attorneys want to remind all truck drivers and trucking companies of how important it is to comply with rules and regulations implemented by the safety administration because they exist in order to protect both the truck drivers and other passengers on the road from trucking accidents. In addition to accidents, truck drivers that fail to follow the rules and regulations may face similar lawsuits to the one that this truck driver is facing for reckless driving or wrongful death.
Unfortunately, many unnecessary accidents and injuries are a result of truck drivers that are too fatigued to be on the road. If you or a loved one was injured as a result of a trucking accident involving a truck driver that was on duty for longer than allowed by law, our law firm is here to answer your questions and talk to you about the legal options that may be available to you.