Fatal Minnesota Truck Accident May Bring Criminal and Civil Penalties
A fatal Minnesota car-semi crash shows how car accidents can result not only in criminal charges, but civil suits, as well.
July 20, 2012
On May 23, 2012, a Minnesota judge convicted a 38-year-old semi-truck driver of three counts of criminal vehicular homicide and one count of misdemeanor careless driving stemming from a fatal accident that occurred May 24, 2010. Two women died in the accident, one of whom was pregnant. This tragic crash shows how car accidents can result not only in criminal charges, but civil lawsuits as well."Grossly Negligent"
The driver, who works for Reinhart Foodservice, began his shift at 10 p.m. the evening before the accident in LaCrosse, Wisconsin. He drove through the night, making stops in Austin and Owatanna, Minnesota. At 11:30 a.m., while he was headed north on Interstate 35, the driver reached down to grab an energy drink off the floor of the passenger side of the truck. He testified that he took his eyes off the road for about six to 10 seconds, and when he looked up he saw that traffic had stopped because of delays from road construction.
While traveling 68 miles an hour, the truck slammed into the rear of one of the victims' vehicles, sending it into the back of the other victim's vehicle. That victim's car then hit the back of another semi hauling a load of 12 million bees, which were released at the scene of the accident as a result of the impact and delayed rescue efforts.
The judge in the case determined that the driver's testimony about how long he looked away from the road was "not credible" and that he operated his vehicle in a "grossly negligent" manner.
Recovery for Losses
In addition to the criminal charges that arose from the accident, the victims' families also brought civil claims against the driver and the company for which he worked. The wrongful death lawsuits the families filed settled confidentially earlier in 2012.
Wrongful death lawsuits obviously will not bring back a family member who died in an accident. However, they can help defray some of the expenses that families suffer as a result of the death. In order to recover damages in a wrongful death suit, the plaintiff must show:
-The negligence of a person, business or entity
-Caused the death of a human being
-The surviving family members suffered monetarily because of the death
-There is a personal representative for the deceased's estate
Consult an Attorney
Being involved in a motor vehicle accident can turn a person's whole life upside down. A car accident victim faces huge medical bills and may worry about how to pay them and support him or herself while unable to work during the recovery period. If you have suffered injuries in a car accident, talk to a seasoned personal injury attorney who can help you seek remuneration for your losses.
Article provided by Erickson Bell Beckman & Quinn PA
Visit us at http://www.ebbqlaw.com/