Illinois woman loses life after catastrophic truck accident

Few people expect debris to fall from vehicles traveling in front of them on Missouri and Illinois roadways.  Whether that debris is cargo from a tractor-trailer or an actual piece of a commercial vehicle itself, a large item unexpectedly falling can cause a catastrophic truck accident in a heartbeat.  That appears to be exactly what happened in a recent accident which claimed the life of a 51-year-old Illinois woman along Highway 140 not too far from Edwardsville.

The tragic collision happened at approximately 10:25 a.m. when the woman was traveling in her Ford Edge.  At that time, a tanker truck driving in the vicinity came upon a tailgate which had just detached from a truck belonging to the Foster Township Highway Department.  The driver of the tanker truck lost control of the vehicle and hit another before then smashing into the Ford Edge.  The tanker truck ended up flipped over onto the Ford and crushed the much smaller vehicle.

According to an official autopsy, the woman succumbed to traumatic asphyxia at the scene of the horrific crash.  Illinois State Police are now investigating what factors may have caused or contributed to causing the fatal collision.  Initial reports did not specify whether either truck driver could face criminal charges or citations.  Regardless of any charges that could result from this accident, however, surviving family members of the woman who died may have legal options if they wish to pursue financial restitution for their loss.

Personal injury laws in Missouri, Illinois and throughout the United States allow surviving relatives the option to pursue wrongful death lawsuits in civil courts of law against parties whose negligence is believed to have caused or contributed to someone’s death.  In this recent case, the woman’s family may be able to pursue a wrongful death case based on the fact that both truck drivers and the trucking companies for which they drive have a duty to secure loads on their vehicles.  Additionally, the experience and driving records of one or both truck drivers involved could come into question.

The group of federal laws called the Federal Motor Carrier Safety Regulations (“FMSR”) set out the guidelines that commercial truck drivers and their companies are required to follow.  They dictate that commercial truck companies and drivers are responsible for securing the loads they transport and in carrying out regular inspections to make sure the cargo — and the trucks themselves — are safe before and during transport.

In the event that cargo, or even a piece of a vehicle, falls from the commercial truck and causes an accident which injures or kills an innocent victim, both the driver and truck company could be sued in a civil court for negligence.  Truck companies are not allowed to pass all of the blame onto drivers in their employ.  These commercial operators have a duty to ensure they hire drivers with an appropriate level of experience and training to safely perform their duties, and they sure in the duty to make sure the vehicles and cargo are properly secured.  While it is not yet clear whether either truck driver or their trucking companies, if applicable, will face civil liability in this Illinois truck accident case, that possibility certainly exists.

Any surviving relatives of someone who has died in a tragic truck crash like this one may wish to consult with a St. Louis personal injury attorney who is experienced in pursuing this type of case.  It can be critical to act quickly in order to secure important evidence and driver logs that the trucking companies typically have in their own possession.  Further, statutes of limitations often apply and can limit the amount of time a victim or surviving relatives may act.  Please consider calling my St. Louis personal injury law firm, toll-free, at 1-888-586-7041 to schedule a free initial consultation to talk about the facts of your case.  We work on a contingency basis so this meeting will cost you nothing — and could benefit you by helping you learn about your rights, whether or not you decide to hire us.

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