My relatives were killed by a truck driver that fell asleep. Can I file a wrongful death lawsuit on the basis of negligence?

Question:  My sister and brother-in-law were killed when a trailer truck rear-ended their car.  The investigators say the driver fell asleep. They left two daughters behind, and I've been appointed their legal guardian.  I want to know whether I can bring a suit against the driver on their behalf even though they were not in the car.

Response: If the truck driver is found to have been negligent, as your nieces' guardian, you can definitely bring a suit for monetary damages on their behalf as they are considered surviving family members.   The laws that govern will be those of the state where the accident occurred.  Since the driver fell asleep in this case, you can also seek to prove liability under Title 49 of the Federal Motor Carrier Safety Regulation, specifically Section 395 which covers safety issues such as the driver's hours of operations and maximum hours on duty and off duty.  Unfortunately, given the industry-wide violation of this code, sometimes companies force their drivers to drive for long periods of time, ignoring the fact that drivers must sleep for a prescribed number of hours between shifts.  Consult with a truck accident attorney to determine your nieces' rights in this case.

Answered by Sharon Cullars

Additional Resources:

• FMCSA - Company-related Regulations
• FMCSA - Driver-related Regulations

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