Trucking Company is Defendant in North Carolina Wrongful Death Case Involving Overloaded Tractor-Trailer
A tragic North Carolina accident involving an overloaded tractor-trailer and a Nissan pickup on NC 89 last January has resulted in a wrongful death lawsuit against a Maine trucking company. 68-year-old Glenn Shumate died last January after the Nissan pickup he was riding up Lowgap Mountain was struck by an out-of-control truck loaded with potatoes.
The North Carolina wrongful death lawsuit, filed in Winston-Salem’s Forsyth County Superior Court, accuses B & J Transportation Inc. and trucker Marvin Patton of negligence. The plaintiffs are accusing Patton of not driving the truck safely.
They also claim that the trucking company had told the 53-year-old trucker to drive down the dangerous NC 89 because the route was faster. The lawsuit includes documents alleging that the company purposely directed Patton on this particular route toward Charlotte to avoid a truck weighing station on Interstate 77. Commercial vehicle operator Gale A. Gunders is also named as a defendant in the wrongful death lawsuit.
Loading Trucks
Any time that a commercial driver has cargo in his or her truck, the load must be distributed and secured properly. If the distance that the trucker must drive is over a certain number of miles, then he or she is responsible for rechecking the loads at designated distances. It is also the truck driver’s job to add any safety measures to secure the truck’s load if it appears necessary.
In the event that failure to properly load or secure a large truck results in a motor vehicle accident where others are injured or killed, the trucker, his or her trucking company, and other parties can be held liable for personal injury or wrongful death.
If you have been injured in a truck crash in North Carolina or South Carolina, it is important that you speak with an experienced truck crash lawyer before talking to the trucking company or its representatives.
Lawsuit filed against trucking firm over death, Mount Airy News, August 1, 2008
Part 658: Truck Size and Weight, Route Designations — Length, Width and Weight Limitations, Federal Motor Carrier Safety Administration
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