When a bicyclist is hit and killed by a semi truck in Minnesota, the family may have a wrongful death lawsuit. If there for punitive damages in a truck lawsuit or wrongful death litigation to further punish the driver and possibly others, including a transportation company or freight customer.
Was the Semi Truck Driver Driving Safely?
Commercial trucking is a heavily regulated industry, so in every case, our lawyers gather evidence to determine if the 18-wheeler driver that struck the person on the bicycle was in violation of safety laws when the collision occurred. Was the driver impaired or driving while distracted? Was he over the limit in the number of hours he had been behind the wheel?
What if it Was a Hit-and-Run Collision?
We have represented clients in hit-and-run cases. It is illegal to hit and run in Minnesota. Drivers are supposed to instantly stop and report a crash. If a driver does not and is then found, that person can be charged with a felony. In addition, the cyclist can sue for compensation, and fleeing the scene of the crime could be grounds for a punitive damages claim.
If you or someone you know has information about a hit-and-run truck driver, call the Minnesota State Patrol or other law enforcement agency.
What if the Bicyclist Died?
When a semi trailer hits and kills a cyclist, the family may have a wrongful death claim if there is evidence of negligence on the part of the driver, the owner of the semi, the owner of the trailer or the owner of the freight.
Questions That Need Answers
Some of the questions that need answers in cases like this include the following:
- Was the driver breaking a traffic law—speeding, failure to give the right of way, illegally turning, etc.?
- Was he or she drunk or under the influence of drugs?
- Was he or she driving more hours in a 24-hour period than allowed by federal regulation?
- Was he or she distracted—talking on a cell phone, eating, looking for something, daydreaming, etc.?
- Was he or she adequately trained?
We also look for evidence that the trucking company did not maintain the tractor or trailer in a safe condition, ignored recalls or encouraged violation of regulations.
How Much is My Bicycle Accident Case Worth?
Our lawyers look at many factors to determine how much a case is worth. One of the most important factors is the severity of the injuries: