Big Rig Accidents with Pedestrians

Each year thousands of pedestrians are hit and severely injured and killed by big rigs.  These accidents often happen as people are crossing the street.  A truck driver may experience a brake failure and be unable to stop.  Often, these accidents occur in populated towns and the truck ends up smashing into local businesses killing people inside.

Consequences and Victim’s Rights for the Struck Pedestrian

When a big rig crashes into a pedestrian, the injuries are catastrophic and often fatal.  The consequences can be devastating for all parties involved in the accident.  In cases where the driver was shown to have a disregard for the law by driving under the influence, criminal charges may be levied in addition to civil suits filed by the victims.  The driver may face jail time, fines, probation and driver’s license suspension.  The victim’s family has the right to sue for medical expenses, pain and suffering and wrongful death.  A wrongful death claims enable families to collect compensation for funeral expenses, punitive damages and loss of companionship.

Determining Premise Liability

Because of the tremendous size and inherent dangers of big rigs, truck owners and operators bear a high burden in terms of safety.  Big rig truck accident cases may appear simple in terms determining liability, for example, if the driver runs or red light or was traveling at excessive speed.  However, if the maintenance of the vehicle hasn’t been properly maintained, the truck driver and the trucking company can both be held liable for any accident damages.

How Lawyers Can Help

When a commercial truck hits a pedestrian, there may be several parties liable for damages.  If the victim is killed, the victim’s family can bring a lawsuit for wrongful death by hiring a personal injury attorney.  Any monetary compensation recovered from insurance companies and other parties (the manufacturer of defective trucks) will be given to the members of the victim’s family. 

In some cases, the truck driver may find they are facing a criminal charge of vehicular manslaughter if their behavior was found to be reckless or negligent by speeding or driving under the influence.  The circumstances surrounding the incident determine whether vehicular manslaughter is charged as a misdemeanor or felony.  In either case, it’s best to seek legal advice immediately from a criminal defense attorney.