Truck Driver Found Not Guilty in a Crash that Killed Two Siblings
There are numerous ways to hold a trucking company and their truck driver accountable for causing a fatal accident. In some cases, prosecutors decide to file charges against the truck driver for causing death. In one specific case, prosecutors alleged that the defendant truck driver was speeding and ran a red light when he struck a pickup truck with his car carrier. Both occupants of the pickup truck were killed in the ensuing accident. The truck driver went on trial and was acquitted of criminal negligence, vehicular homicide, and involuntary manslaughter.
Jurors heard testimony from the prosecution’s crash reconstruction expert that 4 of the witnesses to the crash said that the light was red when the truck passed through it. 5 witnesses, however, said the light was green when the truck passed through it. On that basis, the defendant was acquitted by the jury as prosecutors could not prove beyond a reasonable doubt that the truck driver was actually responsible for the crash.
Personal injury lawsuits work differently, however. The burden of proof is lower in personal injury cases than it is in criminal cases. Prosecutors must prove beyond a reasonable doubt that an individual committed the crime they say they committed. In a personal injury lawsuit, you only have to prove the case by a preponderance of the evidence. In general terms, you need only show that your allegations are more likely than not. That leaves open the possibility that the family could file a wrongful death lawsuit against the truck driver and the trucking company.
Wrongful death and truck accident lawsuits
Wrongful death lawsuits are personal injury lawsuits filed on behalf of deceased individuals known as decedents. Since the decedent cannot file a personal injury lawsuit on their own behalf, the lawsuit is filed on behalf of their estate by way of family members who are grieving the loss of their loved ones.
Trucking companies often face wrongful death lawsuits. In 2022, a total of 4,764 Americans died in large truck crashes. Only 17% of these deaths were occupying the commercial truck at the time of the accident. 66% were occupants of cars or other passenger vehicles. The remaining 16% were pedestrians, bicyclists, and motorcyclists.
Working with a wrongful death attorney
If you file a lawsuit against a trucking company for claiming the life of your loved one, then you don’t need to prove your case beyond a reasonable doubt. You only need to prove that the driver was negligent by a preponderance of the evidence. In the case mentioned above, the estates and family of the victims could file suit against the truck driver and the company that he works for to recover damages related to their emotional grief.
Talk to a Tampa, FL Truck Accident Lawyer Today
Florin Gray represents the interests of grieving families who have lost loved ones in truck accidents. Call our Tampa personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
