We often hear about accidents caused by drivers driving too fast. However, accidents can also be caused by drivers who drive too slowly. Wrongful death suits often arise after these speed-related accidents. One family is filing a wrongful death suit against a Texas trucking company after one of their drivers caused an accident that took the life of a woman.
The truck driver was driving a Pilgrim’s Pride 18-wheeler with trailer on U.S. Highway 271 when he slowed down to make a left turn. The driver allegedly slowed down so drastically that he almost came to a complete stop or actually did stop. The woman was driving behind the truck at the time and crashed into the back of the trailer. Her vehicle caught on fire and she died as a result of her injuries from the accident.
The lawsuit alleges that the truck driver’s actions impeded the reasonable flow of traffic and that it was negligent of him to drive at that speed. The driver is also accused of failing move into the right lane when driving slowly, failing to signal, and driving inattentively, among other things. The driver allegedly also failed to inspect and clean the reflective tape on the rear of the trailer.
The family is seeking wrongful death damages for loss of companionship, loss of inheritance, funeral costs, health care expenses, court costs and pain and mental anguish. They are also seeking survival damages for pecuniary loss. Survival damages can be recovered in addition to wrongful death damages for a decedent’s conscious pain and suffering. The court will consider the degree of consciousness, severity of pain, duration of suffering and apprehension of impending death.
Source: Southeast Texas Record, “Pilgrim’s Pride sued after driver stops on highway and causes deadly collision,” Michelle Keahey, June 24, 2013