Posted On: December 22, 2009 by Steven J. Malman

Truck Accident Lawsuit Seeks Damages for Family Crushed Between Two Tractor-Trailers

The surviving sons of 66-year-old Jose Ramirez have filed a wrongful death lawsuit against a number of truck companies and truck drivers. Ramirez, his 51-year-old wife Wendy, and their 15-year-old son Robert died last year on November 9 when they were rear-ended by one semi-trailer, which caused their vehicle to drive under the tractor-trailer that was stopped in front of them.

As many as 13 autos were involved in this deadly truck crash on Highway 40 that also claimed the life of another woman and sent at least four people to the hospital. The plaintiffs say that the tractor-trailers shouldn’t have been on the road during the dust storm, which severely hampered visibility. They also contend that Midway Transportation trucker Randy Thomas Starks shouldn’t have been driving at 55mph in those weather conditions when he crashed into the Ramirez auto and did not appear to have attempted to stop. The Ramirez brothers are claiming that the J.B. Hunt Transport, Inc. truck driver whose vehicle was stopped in front of the Ramirez car should have put up warning devices to indicate that the large truck he was operating wasn’t moving.

Although truck drivers have no control over the weather and the driving conditions that can result, it is their responsibility to adapt their driving to these factors so that they don’t cause a deadly large truck collision. Commercial truck drivers know how much more careful they need to be when driving in rain, fog, heavy winds, dust storms, rain, or snow, or when there is ice or water on the roads.

The truck crash plaintiffs are also suing the state of California, its highway patrol, and its transportation department for failing to properly warn motorists about the hazards presented by the weather conditions.

Lake Elsinore family files lawsuit after fatal crash, The Press-Enterprise, December 18, 2009

Canyon Lake family dies in desert crash, The Friday Flyer, November 14, 2008

Related Web Resources:
Federal Motor Carrier Safety Administration

Truck Safety Coalition

During this season of snow, fog, and rain, our Chicago, Illinois truck accident law firm wants to remind all of you to drive safely and be careful because other motorists may not be as cautious as you.

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