Uninsured Trucking Company Causes Fatal Crash that Kills Five
A grieving family has filed a personal injury wrongful death case against a trucking company that was uninsured at the time of the crash. The trucking company’s insurer, canceled its policy citing severe safety violations and a history of accidents. The insurer was supposed to report the lack of coverage to the Federal Motor Carrier Safety Administration but allegedly failed to do so allowing the company to operate for two years without coverage. As a result, the trucking company was able to secure government contracts, and no one realized that the company was uninsured. The company had a contract with the U.S. Postal Service which never checked to make sure that the company had a valid insurance policy.
The plaintiff’s lawsuit argues that the trucking company should have had a current policy at the time of the accident, but several failures resulted in that not happening. The Postal Service should have checked before they hired the company to carry U.S. mail. The insurance company should have reported the lack of coverage to the federal government after the policy was canceled. The Federal Motor Carrier Safety Administration should have prevented the company from operating on U.S. roads. None of that happened, and five people are dead as a result.
The family has filed lawsuits against the trucking company, the insurance company, and the USPS. Prosecutors have charged the driver of the truck with vehicular homicide.
Elements of negligence
According to the lawsuit, the truck was operating with faulty brakes and the driver did not have a valid CDL at the time of the accident. Hence, the driver has been charged with vehicular homicide and the uninsured trucking company is being sued. The family is also alleging negligence on behalf of the insurer who failed to report the lapse in coverage to the Federal Motor Carrier Safety Administration when they canceled the policy. They are required to do so by law. So, the insurer is named in the lawsuit as well. Also named, is the U.S. Postal Service which contracted with the company without checking to see if they were insured. Several failures culminated in this case to create an accident that took the lives of five people.
According to the lawsuit, the truck was traveling at about 70 mph when it slammed into the back of the plaintiffs’ vehicle. The plaintiffs’ vehicle was traveling at about 10 mph due to stalled traffic up ahead. Large commercial trucks cannot stop on a dime like smaller commuter vehicles. They must roll to a stop. Accidents in stalled traffic or in work zones are quite common and often result in severe injuries and even death.
Talk to a Tampa, FL Truck Accident Lawyer Today
The Tampa auto accident attorneys at The Matassini Law Firm help file lawsuits against negligent trucking companies that cause injury and death. Call our office today to schedule a free consultation and we can begin discussing your case immediately.
Source:
9news.com/article/news/local/next/next-with-kyle-clark/trucking-company-in-crash-killed-5-didnt-have-insurance-for-28-months-before/73-28d79d4d-5484-4b37-a2d0-ce4090c37768
