Posted On: February 7, 2012 by Moseley Collins

Sacramento Teenager Hit By Big Rig Sues For Negligence, Part 1 of 2

The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: Plaintiff, age 14 at the time of the accident, was walking from his school to tutor a classmate in math. As plaintiff was walking to his friend's house, Defendant was driving an ABC Construction Services Inc. dump truck weighing 80,000 lbs, hauling a trailer weighing 19,600 lbs, with a “street paver” of unknown weight loaded on the trailer. The combination dump truck/trailer was in excess of 55 feet in length. Defendant was traveling west on Cyprus Street, intending to turn north onto N. Fort Street in the City of Sacramento, California. Both Defendant and his employer, defendant John Sann of ABC, knew from actual experience driving at this particular intersection that the ABC dump truck/trailer combination could not make a northbound turn from westbound Cyprus Street onto northbound Fort Street without encroaching 6 feet into the oncoming southbound traffic lane of Fort Street.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Defendant and his big rig stopped at Cyprus Street facing west, intending to turn north onto Fort Street. Plaintiff entered the northern crosswalk at the intersection, walking westbound on Cyprus across Fort Street. Defendant saw a southbound vehicle on Fort Street driven by a witness. Defendant knew that in order to make the northbound turn he had to encroach into the southbound lane of Fort Street, i.e., into the path of the oncoming witness's vehicle. Instead of waiting for the oncoming vehicle to clear the intersection, Defendant attempted to make his northbound turn onto Fort Street before the witness reached the intersection. Defendant claimed he “never saw” plaintiff before he ran over him with his big rig, dragging him approximately 15 feet north of the crosswalk where he had initially struck plaintiff.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.