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Trucker faces a wrongful death suit in fatal car accident

Residents of Massachusetts and others are aware of tragic motor vehicle accidents occurring each and every day. A car accident can occur due to negligence, trying to avoid hitting a stray and sometimes even due to the design of the road. Sometimes, the courts may decide that no one is to blame criminally and those accused are acquitted of some or all charges. Regardless, a fatal victim's surviving family still has the right to proceed with a civil claim of wrongful death based upon evidence of negligence that is deemed to have caused or contributed to the fatality.

A Massachusetts cyclist was hit by a truck in an apparent hit and run accident. Police managed to locate the driver and an investigation was executed into the car accident. The cyclist, who was 41 years old, sustained severe injuries and died at a local medical facility. After a lengthy investigation and court proceedings, the driver was not held criminally responsible. The family filed its own suit against the truck owner, the truck driver and the employing company.

The driver was unlicensed when the accident occurred. The family asserts that, if the employer had done a proper employment check into the driver's motor vehicle history, the man would have not been operating a truck for the company. The civil complaint alleges that the road design could be an underlying factor into the biker's death.

Whether the victim was killed in a truck or a car accident, the tragic consequences would likely have been the same. In pursuing a wrongful death claim, the family will ultimately have the opportunity to prove in a civil court that the trucker's negligence caused or contributed to the fatal accident. If negligence is established to the satisfaction of the court, claims for reimbursement of monetary damages sustained will be adjudicated. Funeral costs and related expenses, as well as lost income and other damage items permissible under Massachusetts laws may be recoverable.

Source: Enterprise News, "Fatal accident in Wellesley worried bikers," May 08, 2013

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