In the past weeks our firm informed readers about the unfortunate semi-truck crash that occurred on I-88 in the Chicago suburb of Aurora, Illinois. We have been following the aftermath of this accident and want to bring to you readers the latest news surrounding this horrific and tragic accident. The surviving victim and his family have now taken legal action and commenced a lawsuit against the trucking company that is the employer of the truck driver that struck him and killed his colleague.
According to an article by the Chicago Tribune, last Monday the family of the Illinois State trooper who survived the accident but suffered serious personal injuries filed a lawsuit in Cook County Circuit Court against both the truck driver and his employer. The victims and his wife are named plaintiffs and are seeking compensation in excess of $1 million for pain and suffering, disability and disfigurement, and economic losses. They may also be seeking punitive damages.
Oftentimes truck accident survivors are faced with life-threatening and permanent injuries The surviving victim in this case suffered a fractured clavicle, fractured ribs, head and facial lacerations, and second and third degree burns. This victim has remained in serious condition and in intensive care since the accident occurred on January 27th. In order to aid in recovery, healthcare professionals have had to keep the victim under sedation.
As of now, the semi-truck driver who struck the victims has been charged with several felonies. According to the DuPage County prosecutors, the driver had been at work for more than 36 hours and had fallen asleep behind the wheel of his semi-truck. According to their report, the defendant made false entries in his record book to avoid the safety rules in order to continue driving on the road for long hours. The lawsuit claimed that the defendant was negligent in driving while fatigued, speeding, and not yielding to emergency vehicles. The lawsuit also alleges that the trucking company that employed the defendant driver was negligent for employing an individual with a history of non-compliance with safety policies and for failing to have a proper system to track their drivers’ hours of driving.
Not only do drivers have the legal responsibility to use caution to keep others on the roads safe, but employers have legal responsibility for employee negligence while they are at work. Because a company chooses to employ an individual and directs the individual to complete certain tasks in employment, the employee is seen as an agent of the employer because the employee is doing the company’s business. Therefore, companies are liable for tortious actions of employees under the legal theory of “respondeat superior.” Also, negligence on the part of the company is at issue as well. The plaintiffs could potentially prove that the defendant’s employer knowingly employed a dangerous driver and that they were negligent in monitoring their employees’ records for logged hours and safety compliance. In this way, both the semi-truck driver and his employer company could be proved as negligent and the cause for the accident, injuries, and fatality.
Our attorneys are knowledgeable and experienced in tort liability cases including but not limited to wrongful death, employer liability, and personal injury. Our firm has been in operation since 1992, and we have helped hundreds of plaintiffs throughout Illinois obtain fair and just verdicts and settlements for their hardships and suffering. If you or someone in your family has also been wronged in a preventable accident from another’s negligence, you too may have a legal cause of action. Call our firm today for a free consultation, and we may be able to help you obtain the compensation you deserve.