An Indiana couple hit Swift Transportation with a lawsuit after they were injured in a wreck with a speeding big rig.
The couple, Michael and Nary Napules, allege that they were severely injured when a Swift Transportation big-rig drifted across lanes of traffic going eastbound on I-80 in Lake County, Indiana. The couple says as a result of the wreck they “sustained injuries, experienced physical pain as the result of injuries, and lost time.” The plaintiffs also allege that they incurred expenses for medical care, treatment and services as a result of their injuries.
According to the lawsuit, the couple was driving eastbound on I-80 when a Swift Transportation big rig driven by Timothy L. Simmons drifted into their lane causing an accident.
The couple alleges that the Swift Transportation driver is responsible for the accident and their injuries, along with the trucking company. The lawsuit contends that the driver of the Swift Transportation truck failed to maintain a proper lookout, failed to have regard to the actual and potential hazards existing at the time of the accident, failed to restrict the speed of the big rig to avoid the accident, failed to check for cars when changing lanes, failed to use his signal, and failed to exercise reasonable care.
The plaintiffs also want to hold Swift Transportation responsible for the accident as the employer of the allegedly negligent truck driver. They are seeking compensation from the driver and Swift Transportation for their injuries and other damages caused by the accident.
Big Rig Laws
Those who have been in an accident with a big rig should know that different rules apply to the tractor trailers that share the road with motorists. Rules govern how long drivers can be operate their rig and in what conditions.
Adding to the complexity, these rules also vary from state to state. Additionally, federal laws sometimes apply to all big rig drivers. These rules govern;
- Driving duration;
- Required rest stops;
- Background checks;
- Mandatory truck driver training and certification;
- Prohibitions on substance use;
- Vehicle maintenance; and
- Accident reporting rules.
There rules are meant to protect all motorists using the road, but following the rules can cause trucking delays and increased costs for companies. Unfortunately, some truckers and trucking companies cut corners and break the rules leading to accidents. Motorists who are injured in an accident with a big rig have legal rights and can hold companies and drivers responsible and recover damages for their medical and other expenses.
Unfortunately, big rig companies commonly try to shirk their responsibilities after an accident and make it difficult for an injured motorist to recover. Swift Transpiration and other big rig companies have been known to delay proceedings, offer low-ball settlements, and wrongly make accident victims feel that they must cooperate with their insurance carrier to recover.
An experienced attorney can help navigate the complex rules and regulations as well as tricks used by big rig companies and their insurance carriers to help injured motorists. Contact the attorneys at McDonald Worley to help protect your legal rights.Disclaimer: McDonald Worley is not representing the plaintiff in this lawsuit.