An Indiana man is suing CR England Trucking after a collision with one of its trucks parked just before an interstate exit led to severe injuries. The plaintiff alleges in his lawsuit that the truck was illegally parked on Interstate 70 in Indiana at night in rainy conditions. The lawsuit states that the truck was illegally parked just prior to an exit on mile marker 23 of the road. The plaintiff says that he was traveling along the interstate when he came upon the truck. He says he could not see the truck in time and was unable to stop and rear ended the truck.
As a result of the illegally parked truck, alleges the complaint, the plaintiff suffered serious and permanent physical injuries, as well as medical expenses, lost wages, and other damages.
The illegal parking lawsuit alleges that the CR England truck driver “violated numerous state and federal laws, statutes, ordinances and rules when he chose to park his semi tractor-trailer on the side of Interstate 70 to park his semi-tractor trailer off the roadway in a location that caused a hazard for other Drivers.”
In addition to illegally parking, the plaintiff claims that the CR England truck was not marked with flares or caution cones that would have alerted other drivers to the massive vehicle.
The plaintiff further alleges that the truck driver’s employer, CR England Trucking, is also liable for the collision caused by the illegal parking.
“The Defendant, C.R. England, Inc., is liable for damages to Plaintiff for all negligent acts committed by its employee, agent or apparent agent, Christopher Murphy, in the course of his employment, operation, or ownership of C.R. England, Inc.” states the complaint.
The plaintiff is seeking damages for “incurred medical expenses, lost wages and/or loss of earning capacity, and other special expenses in an amount to be proven at the trial of this cause and will incur future medical expenses, lost wages and/or loss of earning capacity, and other special expenses as a direct and proximate result of the defendants’ negligence.”
Semi-trucks are subject to additional state, local, and federal rules. These rules are in place to protect other motorists that share the road with these massive vehicles.
Unfortunately, some drivers and trucking companies choose to skirt these rules in the name of efficiency and profit.
By failing to follow these rules, trucks and trucking companies put other, smaller vehicles and their occupants at risk of serious injury, property damage, and even death.
Semi-truck laws include limitations to where and when big rigs can drive and stop on the roads given driving and road conditions.
Driving durations and rest is also mandated. Truck drivers must also undergo background checks and mandatory training, and testing for substance use. Trucks also must meet maintenance requirements. When there is a collision, truckers must also meet accident reporting requirements.
If you or a loved one has been in a collision with a semi-truck, contact the experienced attorneys at McDonald Worley for a free case review.
Disclaimer: McDonald Worley is not representing the plaintiff in this lawsuit.