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Wrongful death claimed for pedestrian killed by truck

Damages are sought for the wrongful death of a female pedestrian struck down by a speeding semi-tractor trailer owned by a company. The fatal truck accident occurred at the northwest corner of the intersection of Clay and Morton in Jacksonville, Illinois. The lawsuit names the truck driver, as well as the company and company owner, as defendants.

The lawsuit asserted that the driver started his truck from a stopped position without first determining that it could be done safely, failed to keep a proper lookout, drove at an unreasonable rate of speed, had inadequate brakes on his vehicle, and failed to change course or make adequate efforts to stop to avoid hitting the woman. The lawsuit, like all wrongful death lawsuits in Illinois, is brought on behalf of the deceased woman estate for the benefit of her surviving family and heirs.

The lawsuit also says that the driver failed to give a proper and audible warning of the approach of his vehicle. The lawsuit seeks damages in excess of $50,000, which can be much more depending on the proof submitted in court. The claim seeks recovery of medical and funeral expenses, as well as her heirs' and family's loss of the woman's companionship, society, and support, as well as their mental suffering, sorrow, and grief.

Accidents involving careless and reckless truck drivers and pedestrians, or even other motorists and their passengers often result in death, in part because of the great weight of the trucks and their cargo. The employer of a truck driver can most often be held responsible for the carnage caused by their employee when the driver is acting within the scope of their employment. While no amount of money can ever fully compensate for the loss of a precious loved one, it is only right that those responsible for a wrongful death or serious bodily injury bear the economic burden rather than accident victims and their families. Such lawsuits also play an important role in deterring careless driving.

Source: WLDS, "Lawsuit filed on behalf of pedestrian killed in August accident" Nick Kovatch, Dec. 24, 2013

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