Posted On: December 3, 2010 by Steven J. Malman

Tractor-Trailer Accident Lawsuit Says FMCSA Violation by Trucker Contributed to Man’s Wrongful Death

The family of Mark Kerper is suing semi-tractor trailer driver John Bahl for wrongful death. Kerper, 55, died in a tractor-trailer accident on July 17 after the trailer that had come unhitched from Bahl’s large truck hit the car he was in. Kerper’s family is also suing Russell Bahl, the semi-tractor trailer owner. for damages.

In their semi-truck crash complaint, the Kerper family is accusing Bahl of negligent operation, failure to inspect the connection between the tractor and the trailer, failure to make sure that the two were securely attached, violation of the Federal Motor Carrier Safety Administration regulations, operation of defective equipment, and other violations. They are seeking damages for mental anguish, suffering, loss of income and earnings, loss of Mark’s future earnings, and burial expenses.

The defendants are denying that they were negligent. They have, however, admitted liability for the damages.

This is not the first deadly truck accident that Bahl, 73, has been involved in. Per an accident report, another man died and a woman was injured when a backhoe slid off a flatbed trailer he was operating in September 2003. He pleaded guilty to safety violations and paid fines over $500.

Tractor-Trailer Violations
With their heavy loads that they may be hauling, tractor-trailer drivers cannot afford to violate safety regulations. They must make sure that cargo is properly secure, the truck is properly maintained, and that their trailer or anything else that they may be hauling is correctly secured. Truck overloading is not allowed. Also, trucking companies are responsible for making sure that their truckers do all aspects of their job safely.

Unfortunately, every year there are people who are killed and injured in Illinois truck crashes because there are truck drivers who were negligent. When this happens it is often other people who end up paying the price.

Second fatal crash spawning lawsuit,, December 1, 2010

Rules and Regulations, FMCSA

Related Web Resources:
Truck Safety, AAA Exchange

Truck Safety, Public Citizen

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