On behalf of Harper, Evans, Hilbrenner & Netemeyer
Tractor-trailers can make Missouri drivers uneasy not only because of their size but also because of some of the cargo they carry. Seeing that a large piece of cargo is only held onto a truck by straps that other drivers hope are secure could make anyone nervous. Everyone sharing the road with an 18-wheeler depends on the driver to make sure their truck, their cargo, and their driving are safe. Avoiding a truck accident should be the first priority of every semi driver on the road.
The consequences of a semi driver not being safe can be fatal. One Missouri truck driver has been convicted of involuntary manslaughter and driving with a suspended license for an accident that occurred in July 2009. The bulldozer he was hauling fell off of his tractor-trailer and landed on a car carrying two women.
According to authorities, the truck driver had not properly secured the bulldozer. The 63-year-old daughter and her 86-year-old mother ended up dying as a result of the accident. The daughter died 44 days after the crash, and her mother succumbed to her injuries approximately nine months after the crash.
Now that the truck driver has been convicted of involuntary manslaughter for their deaths, his conviction may be offered as evidence of his negligence in any wrongful death actions the family either have filed or intend to file. His conviction in this fatal truck accident may be used in such a manner because the burden of proof in a civil lawsuit is less than the burden of proof required for a criminal conviction. If negligence is established in a related civil proceeding, damages claimed to have been suffered as a result of the fatal truck accident would then be considered.
Source: SFGate, “Mo. truck driver convicted in double-fatal crash,” Sept. 1, 2012
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