Illustrating that point, a lawsuit has been filed against a transport company, alleging the company destroyed a tractor-trailer without the consent of a person injured while loading cars on the truck. A personal injury lawsuit had not been filed against the transport company at the time the truck was destroyed, however lawyers for the plaintiff argue that the company should have known the truck would be evidence in a potential lawsuit.
According to the lawsuit, the transport company should have made the injured party aware it was going to destroy the truck or should at least have let him inspect the truck before it was destroyed.
In a different lawsuit, the daughter of an EMS official killed in a truck accident has filed a $10 million lawsuit against the owner of a trucking company, alleging the truck was not properly maintained. According to this lawsuit, the owner of the coal was cited for not ensuring that the tractor-trailer was properly inspected and maintained. The lawsuit also blames the driver of the coal truck for driving too fast under adverse conditions.
The accident occurred January 22, 2008, after the paramedic responded to a different, minor crash on a local highway. Although the driver involved in the initial accident was not hurt, she was pregnant and wanted a paramedic to check her and ensure that her unborn baby was okay. As the paramedic helped the accident victim on the side of the road, the coal truck came upon them, lost control, hit two other vehicles and then hit the two victims. One of the victims died instantly while the other died an hour later.
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The truck driver faces vehicular homicide, manslaughter and culpable negligence charges. Of six lawsuits filed against the trucking company that owns the truck, five are unresolved.
With any possible lawsuit, contacting a lawyer as soon as possible is important. It is vital to preserve evidence and ensure that all witnesses are questioned in a timely manner. It is also important to remember that even though an injury may not seem serious immediately, some injuries become more apparent over time.