Wrongful Death Due to Speeding Dump Truck

Case Study Caption

About This Case

A dump truck ran through a red light on Airline Highway, striking vehicle in driver's side door and instantly killing the driver. Family filed suit seeking damages for wrongful death.
Personal InjuryTrucking Accident
Time Frame2 Years
LawyerJason Melancon

The driver of a dump truck was traveling down Airline Highway when a light turned yellow. Instead of slowing down, the electronic data collection device recorded that the driver sped up his vehicle, attempting to make the light. The light turned red and traffic proceeded to enter into the intersection. The dump truck struck the driver’s side door at or above the posted speed limit, instantly killing the driver.

The family filed suit against the dump truck driver and his employer for negligence. The family sought damages for the wrongful death of their wife and mother.

 

Family filed suit for the wrongful death of their mother in a preventable traffic accident.

 

Challenge

Dump truck driver initially argued that he attempted to stop his vehicle, but he could not stop his vehicle due to the weight of his vehicle. The electronic recording device proved that the driver version of events was not true. The driver increased his speed, rather than attempting to slow his vehicle.

 

  • Personal Injury
  • Trucking Accident
  • Wrongful Death

Our Process

1. Planned a Course of Action

Family hired MRD to represent their legal interests. Our attorneys immediately retained qualified experts to capture the electronic recording box data.

 

2. Hired Experts and Evaluated Data

Expert analysis revealed that driver’s claim of inability to stop his vehicle due to weight was false.

 

3. Filed the Case with the Court

MRD immediately filed suit in the 23rd Judicial District Court of Ascension Parish seeking wrongful death damages.

 

4. Prosecuted Case Against Defendants

MRD attorneys prosecuted action against driver, employer, and insurance company.

 

Result

After revealing the data from the on-board electronic recording device, the insurance company tendered its entire policy limits. Although the insurance policy limits could not replace a beloved member of their family, the payment provided not only means of compensation for the family for the loss of a loved one, but more importantly provided a measurable sense of justice for the driver’s negligent actions.

 

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