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Truck Driver and Employers Sued over Fatal Accident

Chicago, Illinois – A man is suing a truck driver and his employers over claims that the defendants were negligent in the motor vehicle crash in which his wife was killed.

On behalf of deceased Jill Mraz, her husband Bryan Mraz has filed a suit on 24th September in the Law Division of the circuit court of Cook County. Mraz names Oleh Yakivtsiv and his employers Lucky Star Management Corporation and Trucking Experts as defendants. Mraz accuses the defendants of negligence.

Bryan Mraz alleges that Yakivtsiv collided with the vehicle driven by Jill on 8th September. The collision allegedly took place while the vehicles were approaching the intersection of Glen Ellyn Rd and Lake Street in Bloomingdale as Yakivtsiv failed to obey a red signal. Being the employers of Yakivtsiv, Lucky Star Management Corp and Trucking Experts also are responsible for the crash, the lawsuit states.

As the personal rep. of the estate of Jill, Bryan Mraz is claiming that the collision caused his wife to sustain severe injuries which ultimately caused her death. Bryan says the defendants are legally responsible to pay him damages under the state Survival Act and Wrongful Death Act.

Bryan alleges that Yakivtsiv’s employers failed to ensure that the truck was being properly and safely operated by the person employed by them. Additionally, the companies negligently failed to train the truck operator Yakivtsiv properly, the lawsuit claims. The defendants are accused of negligence and wrongful death.

In his lawsuit, Mraz is asking for a judgment of up to $50,000 in damages.

In another issue, the dad of a cyclist who was killed in a truck crash is suing the responsible driver and his company, accusing them of negligence in the fatal accident.

Richard Lewis, as the special executor of deceased Robert Lewis’ estate, has filed a suit on 29th September in the circuit court of Cook County. The defendants in this case are: Sandeval Cruz, a Chicago resident; and El Popular Incorporated. Richard says the defendants are responsible for damages under the state Wrongful Death Act.

The complaint states that on 2nd September, Robert was bicycling in Kedzie Avenue’s northbound bicycle lane (north of School St. in Chicago, IL) when Lewis, who was operating a truck owned by defendant EI Popular Incorporated, struck him. Lewis died on 21st September from the injuries he sustained in the accident, the complaint states. He was 48 years old, according to the suit.

The suit says Cruz, who operated the truck carelessly, was speeding at the time of the accident. Lewis is seeking in excess of $50,000 in damages.

Louisiana Man Sues Trucking Company and Railroad over Crash Injuries

New Orleans, LA – A man from Pearl River County has filed a suit against his employer over injuries he allegedly suffered in an accident involving a tractor trailer and a train near independence.

The suit was filed by Dale LaFrance on 10th June in the United States District Court for the Eastern District of Louisiana in New Orleans. The defendants named in the suit are: H.N. Hayden Trucking; Houston Specialty Insurance Company; the National Railroad Passenger Corporation (Amtrak); Orby Wilson; Diamond B Construction Company; and the IL Central Railroad Company. LaFrance accuses the defendants of violation of the Federal Employer’s Liability Act.

On 14th July, 2014, LaFrance sustained serious injuries to his upper back, neck, hips and lower back in a crash while he was aboard a train en rte from Chicago to New Orleans. The crash was with a tractor trailer owned by defendant H.N. Hayden Trucking, the lawsuit states. The accident also caused LaFrance to suffer sleeping difficulties and post-traumatic headaches, according to the suit.

In his lawsuit, LaFrance allege that the driver employed by defendant HN Hayden was reckless, careless, and negligent in causing the accident. The lawsuit also states that defendant IL Central Railroad Company was negligent in causing the crash as it failed to install crossbuck signs, an advance warning sign, and a stop sign properly.

The plaintiff says Amtrak also is responsible for the accident because it failed to provide him with a safe workplace. Additionally, Amtrak created or permitted damages to exist in the path of the train, the lawsuit claims.

In his lawsuit, LaFrance is seeking in excess of $75,000 in damages, in addition to general relief, equitable relief, attorney fees, and court costs.

According to studies, the most common reasons for accidents involving trucks are driver error, mechanical failures, road design, weather conditions, traffic signal failure, and overloading or improper loading. Of these, driving errors are the most common cause of truck accidents. Studies say driving errors are almost 10 times more likely to be the reason for the accident than the other factors like road conditions and weather. A recent study conducted by the FMCSA (Federal Motor Carrier Safety Administration) says the actions or inactions by drivers were the foremost reason for nearly 88 percent of accidents involving trucks. Factors like drug / alcohol consumption, intake of some over-the-counter or prescription medications, carelessness, fatigue, distractions, insufficient familiarity with the road etc. could contribute to a driver error.

City Sues Truck Manufacturer, Dealer and Assembler over Garbage Truck Fire

Beaumont, Texas – The Port Neches City is suing a truck manufacturer and trucking firms for damages over claims that an allegedly faulty garbage truck caught fire.

The city, by / through TX Municipal League Intergovernmental Risk Pool (TML Risk Pool) as subrogee, has filed a suit on 29th October in the Jefferson County Dist. Court in Texas against the following parties: Rush Truck Centre; PACCAR (D/B/A Peterbilt Motors Co); Houston; McNeilus Truck & Manufacturing Incorporated; and Cummins. The defendants are accused of breach of expressed and implied warranties and merchantability; violation of contract; negligence; and breach of implied warranty of fitness for a particular purpose.

On 4th April, 2013, according to the lawsuit, the Port Neches City bought a new garbage truck – a 2013 Peterbilt 320 – from Rush Truck Centres of TX and Rush Enterprises. The truck was assembled by defendant McNeilus Truck & Manufacturing Incorporated, the suit states.

On 31st October, 2013, the suit says, the truck caught fire when it was being operated by a Port Neches employee. A probe found evidence that a failure took place within its fuel line due to a manufacturing fault, according to the suit. The motor and cab area of the garbage truck was damaged by the fire, causing the city to incur substantial damages, the complaint says.

In its lawsuit, Port Neches City is seeking monetary damages of approximately $100,000, including, costs, penalties, damages, expenses, attorney fees, and pre-judgment interest.

In another case, a pedicyclist has filed a suit against a truck driver for allegedly striking him while riding on the Veterans Boulevard in Metairie (LA).

The suit was filed by Louisiana resident Odis Coats in the twenty-fourth Judicial Dist. Court. Odis Coats names the following parties as defendants: Benard Blanchard Electric; and Benard Blanchard.

According to the suit, defendant Blanchard ran into him with his truck while Coats was riding his pedicycle on a sidewalk. The plaintiff claims that he suffered disabling injuries in the crash.

Odis alleges that the defendant failed to maintain proper control of his vehicle. Additionally, the defendant allegedly: failed to take required measures to avoid a crash; failed apply brakes in a timely manner; and failed to see what should have been seen, according to the lawsuit.

Odis Coates is seeking undisclosed damages for his alleged: pain and suffering; personal injuries; loss of enjoyment of life; psychological damage; lost wages; aggravation; inconvenience; and loss of earning capacity.

$10M Lawsuit Filed against Truck Driver over Fatal Buckman Bridge Accident

A suit has recently been filed against a truck driver in connection with a fiery traffic crash took place on the Buckman Bridge. Four individuals were killed in the accident.

The suit was filed by Dexter Culclager Jr. whose wife and 3 stepchildren were killed in the crash. Culclager is suing the driver of the semi-truck that slammed into the SUV in which the plaintiff’s family was traveling. The crash occurred on 2nd March, 2015. The FL Highway Patrol has confirmed that the accident was caused by the negligence of Judson Humphries who was operating the truck involved in the crash.

Culclager is a Navy corpsman at the Jacksonville Naval Hospital. He is 26 years old. His wife, stepson Tre’Veion Woods-Franklin, stepson Tre’Quis Woods-Sims, and stepdaughter Tra’Desia Woods-Sims were killed in the crash. Tre’Veion, Tre’Quis, and Tra’Desia were 6, 18, and 17 years old respectively.

The suit cites sixteen different counts which caused the fatal crash. According to the plaintiff, Judson Humphries was not even qualified to operate a commercial truck. Dexter Culclager Jr. has named four more parties as defendants in this case: Hobit Express (that operated the semi-truck); Sunteck Transport Group (that shipped the goods in the semi-truck); North Florida Lubes; and General Motors (which sold and/or serviced the car involved in the accident).

According to the suit, Culclager’s Tahoe became disabled as the drivetrain on the SUV failed suddenly and unexpectedly nearly 5 minutes prior to the crash. The Highway Patrol has confirmed that the driveshaft of the Tahoe broke nearly 800 ft from the collision point.

Records indicate that the semi-truck’s driver was distracted before slamming into the car, causing the vehicle to burst into flames. The whole family inside the SUV was killed in the crash.

The plaintiff alleges that Sunteck Transport failed to make sure that its driver was properly qualified to operate a truck. The company allowed Humphries to operate the big rig without finishing background checks for ensuring that he was an eligible commercial driver, the lawsuit claims.

General Motors is accused of selling and servicing defective vehicles. The suit names N. Florida Lubes also as a defendant because the SUV involved in the crash had been serviced at its shop before the accident. Its mechanics should’ve seen that the drivetrain of the vehicle was in a dangerous condition, the lawsuit claims.

None of the defendants was willing to comment on the lawsuit. Dexter Culclager Jr. is seeking $10 million in damages.

Trucking Firm and Tanker Driver Sued over Fatal Collision

Mount Olive – A recently filed suit claims that a gasoline tanker driver is responsible for the death of a Mount Olive woman in an accident on Rte 206 in the Sussex County (Delaware) in 2013 October.

The lawsuit was filed on behalf of deceased Serena Perosi’s family in the Middlesex County Superior Court. The suit names Harminder Singh, a Carteret resident, as the main defendant. Jaz Trucking Corporation, the employer of Harminder Singh, also is a defendant in this case. Jaz Trucking is a licensed and bonded freight shipping & trucking company in North Edison.

The suit states that Singh caused Serena Perosi sever physical injuries by driving his truck at an unreasonably excessive and dangerous speed. Singh is accused of careless driving. The plaintiffs say Singh had not had proper control over his vehicle. According to the suit, Singh went into the opposite traffic lane and collided with the car driven by Perosi. Singh was 21 years old then.

According to authorities, Perosi was driving a Honda Civic south on Rte 206 (Andover, Sussex County) on October 17 at 1 AM when the car collided with the truck driven by Singh. She sustained grave injuries in the accident. The crash also caused the highway to be shut down for more than 12 hours as workers had to clean up thousands of gallons of gasoline spilled following the crash. According to police, at least 4000 gallons of gasoline was spilled onto the roadway following the collision.

Perosi was taken immediately to the Morristown Medical Centre, but died from her injuries later that afternoon. Perosi, a Mount Olive resident, was 27 years old at the time of her death. She is the mother of a 7-year-old girl.

Perosi was a Blue Ridge Rescue Squad volunteer.

Singh had been charged with 2 traffic violations following the accident. However, any criminal charges had not been filed against him.

The plaintiffs in this case are Perosi’s sister Lisa Perosi and daughter Kendra. Lisa Perosi is suing the defendants individually, as the guardian of the child, and as the administratrix of the estate of Serena Perosi. She filed the suit in Middlesex County because both Jaz and Singh are from this county.

The plaintiffs are seeking unspecified damages, plus litigation costs and interest.

Harminder Singh and the spokespersons representing Jaz did not comment on the lawsuit.

Lawsuit Filed over Fatal I-35 Truck Crash

Austin, TX – An infant two women were killed in a traffic accident involving an 18-wheeler truck. The accident occurred on 24th July on interstate highway 35 (I-35) near Rutherford Ln when the truck hit the vehicle in which the victims were travelling from behind. Now the surviving family members of the victims are suing the driver and his company. The family has filed a wrongful death suit in Austin, Texas.

Salomon F Cruz says his wife Telesfora M Fuentes, daughter Yesenia N Resendiz, and grandchild Camilia Fuentes died in the accident. Telesfora, Yesenia, and Camilia were 46 years, 23 years, and 11 months old respectively, according to the suit.

The lawsuit states that Cruz was driving his vehicle northbound on IH-35 when one of its tires failed. According to the complaint, truck driver Debra Thompson slammed into the truck driven by Cruz ‘suddenly and unexpectedly,’ causing the vehicle to roll out of control.

The suit states that Thompson had been an employee of Werner Enterprises. He was working for Werner when the crash occurred, the suit claims. The plaintiffs accuse Thompson of negligence as she allegedly: failed to operate the 18-wheeler in a prudent and reasonable manner; and failed to take essential “evasive action.” The lawsuit also cites several other negligent actions / omissions by the defendants. The plaintiffs argue that Werner Enterprises failed to train its employees properly.

In their lawsuit, Salomon F Cruz and his family members are seeking economic damages in excess of $1 million.

In another case, a man who sustained injuries in a year 2013 accident is suing a truck driver.

John Halfhill has filed a suit against William Schmitt in the IO Dist. Court of Dubuque County. Halfhill says Schmitt was negligent in the accident occurred on 11th September 2013.

Schmitt, a Dubuque resident, was arrested following the incident and has been charged with a count of serious vehicular injury while operating under the influence. Schmitt is 35 years old.

Authorities have identified Schmitt as the truck driver. According to court documents, Schmitt told the investigators that he had used a prescribed medication for anxiety.

Schmitt has entered an Alford plea recently to an amended charge of severe injury while driving carelessly. An Alford plea doesn’t admit guilty however concedes there is sufficient proof for a conviction.

Schmitt’s sentencing has been scheduled for December 21.

Two Truck Accident Suits Filed in Gretna

Gretna, Louisiana – A pedicyclist is suing a driver who allegedly ran a truck into him while riding on Veterans Boulevard in Metairie in Louisiana.

Odis Coats has filed a lawsuit against Benard Blanchard on 10th July in the twenty fourth Judicial Dist. Court in Gretna Louisiana. The suit also names Benard Blanchard Electric and the State Farm Mutual Automobile Insurance Co as defendants.

The suit states that on 9th August, 2014, the plaintiff was riding his pedicycle on a walkway on Veterans Boulevard in Metairie (LA) when defendant Benard Blanchard ran a truck into him. According to the plaintiff, he sustained severe and debilitating injuries in the accident.

In his lawsuit, Coats alleges that Blanchard: failed to control his vehicle properly; failed to see what should’ve been seen; failed to take essential measures to avoid a collision; and failed to apply brakes in a timely manner to avoid an accident.

The plaintiff is seeking an unspecified sum in damages for his alleged: personal injuries; pain and suffering; psychological damage; mental distress; lost wages; loss of enjoyment; lost earning capacity; medical expenses; inconvenience; and aggravation.

The case is being overseen by Division ‘L’ Judge Hon. Donald Rowan Jr.

In another case, a motorist is suing the driver of a dump truck along with the truck owner. The plaintiff says her vehicle was struck by unsecured gravel and rocks in the defendants’ truck, causing her to swerve the car and have a crash.

Bernadette Morris has filed a lawsuit against Curtis Services, Curtis Hinson, and the Scottsdale Insurance Co in the twenty-fourth Judicial Dist. Court in Gretna on 10th July.

The lawsuit states that on 11th July, 2014, the plaintiff was driving her Honda Accord sedan on the Westbank Expressway (Gretna, LA0 where Hinson was operating a 1994 L9000 Dump Truck owned by defendant Curtis Services. Morris says debris, gravel and rocks were flowing out of the truck bed into her car. She had to swerve because of this, causing an accident, the lawsuit claims. Morris says she suffered disabling injuries and property damage because of the accident.

Morris alleges that the defendant failed to exercise sufficient care, failed to see what should’ve been seen, failed to maintain proper and reasonable control, and operated his truck in a negligent and careless manner. She is seeking unspecified damages for alleged: medical costs; physical pain and suffering; permanent disability; property damage; and mental pain. Division ‘C’ Judge Hon. June B Darensburg is presiding over the case.

Orange County Man Sues Trucking Firm and Driver over Collision-related Injuries

Beaumont, Texas – An Orange County resident is suing a trucking firm, one of the drivers of the company, and the owner of the trailer, over claims that he sustained injuries in a traffic collision involving a truck.

Mario Servin has filed a suit on 7th October in the Jefferson County Dist. Court, naming Franks Trucking; Nederland resident Gilbert Williams; Port Arthur resident Kevin D Drake. Servin accuses the defendant parties of gross negligence.

On 24th June, according to the complaint, Servin was driving his vehicle northbound on TX Ave. in Orange County (Texas) when the 18-wheeler driven by Drake collided with it. Drake was operating a truck owned by defendant Franks Trucking. The owner of the trailer which was being towed by Drake’s truck was defendant Williams, according to the suit.

The lawsuit states that Drake was grossly negligent or negligent in causing the accident. Drake allegedly: failed to control his speed; disregarded a red traffic light; failed to operate the truck safely; failed to keep a proper lookout; and failed to keep a safe distance. The plaintiff also cites several other omissions and negligent acts.

The accident caused the plaintiff to suffer serious injuries. Servin allegedly experienced: great pain and suffering; physical impairment; mental distress; emotional anguish and suffering; physical disfigurement; lost wages; and loss of earning capacity. The plaintiff also incurred a substantial amount in medical costs and court costs, the suit claims.

In his lawsuit, Servin is asking for monetary damages in excess of $1 million, including court costs, attorney’s fees, and interests.

As the number of trucks and other automobiles on the highways is increasing steadily, it is not surprising that traffic accidents, especially crashes involving trucks, are growing. Large trucks are generally 80 ft. long and they weigh as much as 45 tons. Because of this, motorists who collide with these trucks are likely to sustain catastrophic or even fatal injuries. The United States Department of Transportation (DoT) says more than 500,000 truck crashes take place each year in the United States. According to the United States National Hwy Traffic Safety Administration, more than 3500 individuals die in traffic crashes involving commercial trucks each year.

Truck crashes in which the driver of the truck is at fault are generally caused by: excessive speed; driver fatigue due to overtime works; equipment failure; improper loading; driving under the influence of drugs, prescribed medicines, or drugs; inclement weather; overloading; texting; and distracted driving.

Texas Woman Sues Logistics Company and Truck Driver over Fatal Crash

Marshall, Texas – The family of a deceased Texas woman is suing a truck driver and the Arkansas-based logistics company for which he had been working over claims of wrongful death and personal injury in a traffic collision.

Gregory Messer, Helen Nichols, Johnny W. Nichols, Lindsey Barnett, and Laci Jones have filed a suit on 29th July in the United States District Court for the Eastern District of Texas, Marshall Division, against Loggins Logistics and its employee Richard Caldwell, an Arkansas resident. The defendants are accused of negligence. Messer is suing Caldwell and his employer individually, as the next friend of J.B. (minor), and as the independent executor of deceased Linda Messer’s estate.

On 3rd June, according to the suit, Linda was driving her Lexus RX luxury crossover westbound on the state hwy 77 (Cass County, Texas) when a commercial truck hauling a trailer eastbound and driven by defendant Caldwell crossed into Linda’s lane and hit her vehicle. Caldwell was operating the truck for defendant Loggins Logistics, the lawsuit claims.

At the time of the accident, Linda’s daughter J.B. also was there in her car, the lawsuit states. Both Linda and J.B. sustained severe injuries in the accident. While J.B managed to survive, Linda died from her injuries, according to the lawsuit.

The lawsuit claims that the actions of the defendants constitute negligence. The plaintiffs are seeking unspecified exemplary and actual damages, plus court costs and interest.

As the number of vehicles is increasing in the United States highways, the number of accidents involving commercial trucks also is rising in number year after year. In another issue, a Texas woman has filed a suit against a truck driver and his company over injuries she allegedly sustained in a motor vehicle collision.

The suit was filed by Nan Gregg in Jefferson County Dist. Court. The defendant named in the lawsuit is John Dunbar (D/B/A Dunbar Trucking). The plaintiff cites negligence as well as gross negligence.

The suit states that Gregg was driving her vehicle in the outer lane of TX FM 366 while Dunbar moving to her side in the inner lane. Then Dunbar, who made an illegal right turn, slammed into the vehicle driven by Gregg, according to the suit. Gregg sustained severe injuries to her back, neck, jaw, legs and the whole body, the complaint states.

Gregg seeks damages in excess of the jurisdictional minimum, plus pre-judgment interest, post-judgment interest, court costs, and all other reliefs the court deems just.

Oregon Man Files $37M Suit against Garbage Truck Driver and Employer

Portland, Oregon – A man is seeking $37 million in damages in a lawsuit he filed after his leg was severed in an accident involving a garbage truck. The accident occurred when the operator of the truck made an illegal turn, according to the suit.

McChesney filed his lawsuit last Friday in the Circuit Court of Multnomah County.

Scott R Busch was in a pedestrian crossing on 16th March at southwest 5th & Morrison, the lawsuit states. Busch was walking northbound on SW 5th when truck driver Eric McChesney turned right from southwest 5th Ave. on to SW 5th & Morrison, hitting the plaintiff and severing his left leg, according to the suit. Busch is 57 years old. Defendant McChesney is 44 years old.

The defendant took the turn at an intersection where a “No Turns” sign had been posted, police say. McChesney was cited by police for failing to abide by the traffic rules and operating a truck without required driving privileges.

The officers on the scene applied a tourniquet to the plaintiff’s injured leg. Then they took him to a hospital with debilitating injuries, police say. He suffered severe injuries to his nerves, tendons, muscles, bones, and the soft tissues of the chest, torso and leg. Busch’s injured leg had to be amputated above the knee, according to the suit. Additionally, Busch suffered several broken ribs, the suit claims. Police say McChesney did not leave the accident scene and was fully cooperative.

The suit claims that McChesney and his employer were negligent. McChesney allegedly: failed to maintain proper lookout; failed to maintain proper control of the truck; drove the truck too fast for the circumstances; drove a commercial vehicle despite not having a license; and failed to create a safe route which doesn’t incorporate unsafe and illegal turns. Machesney’s employer is accused of failing to appropriately train employees and failing to perform audits on its employees in order to ensure that they are licensed.

Court documents show that McChesney has pleaded not guilty to the traffic violation charges against him. His traffic court trial will be held later this summer.

Emails and calls to McChesney and his garbage provider haven’t been returned. Busch was not willing to comment. His attorney also declined to comment on the issue, pending litigation.

In his lawsuit, Busch is seeking $37 million in damages.

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