Truck Driver and Carriers Named in Wrongful Death Lawsuit

By Ehline Law Firm PC - This is a real life example of a recent fatality insurance claim that has been filed as a court case for personal injuries. A lawsuit was recently filed in a multiple fatality chain reaction accident that occurred on September 9th, in Cheyenne County names the truck driver in the suit, who is charged with the deaths of four family members and an unborn child. His employer, one trucker and several other trucking businesses, are also named in the suit filed October 29th in U.S. District Court in Lincoln. I have actually been there before and it is a pretty rural area.

The Immediate Family is Suing

Parents Bradley Bauman and Nancy R. Bauman of Diana R. Schmidt and mother Donna J. Costley of Christopher D. Schmidt filed the lawsuit and the estates of Daina and Christopher Schmidt and their two children, Samuel Donovan and Conner Bradley Schmidt. The accident killing the four occurred on Interstate 80 in the vicinity of Potter. The estates of the four were opened October 23rd in the Superior Court of California, in Placer County. The Baumans and Costley were named as co-special administrators of the estates.

The Defendant(s)

The truck driver named in the lawsuit Josef Slezak, 36 of River Grove, Illinois, who was also charged with nine felony counts of manslaughter and vehicular manslaughter in Cheyenne County District Court. His employer AKI Trucking of Romeoville, Illinois, Vladamir Zhukov, 66 of Oak Park, Illinois and his employer, Swift Truck Lines, of Wheeling, Illinois, MTR Express, the DOT carrier listed for Zhukov, North Metro Truck Leasing, of Albertville, Minnesota and Long Haul Trucking of Albertville, Minnesota are also named in the suit.

The DOE Defendants

Included in the suit are ten John Doe’s, who are unknown individuals or entities that were responsible for the maintenance of the braking system on the big Zhukov operated. According to the claim all of the John Doe’s are believed to be Illinois residents. The plaintiffs are seeking damages from pre-judgment interests and jury, from the date of the accident loss, the cost of lawyers fees and the cost of litigation. The accident occurred on September 9th, and at approximately 4:22 a.m. the Cheyenne County Sheriff’s Office was alerted to respond to the scene of the crash that involved a disabled truck on westbound I-80, at mile marker 41 in the vicinity of Potter. A second big rig collided with the parked truck that was operated by Zhukov.

The Complaint Alleges Lost Air Pressure

The tractor-trailer Zhukov was operating had allegedly lost air pressure from the governor, stalling in the right-hand lane of the roadway and was owned by Swift Truck Lines. The truck was struck from behind by another big rig driven by Keith Johnson of Big Lake, Minnesota, who was employed by Long Haul Trucking.

The Decedents

Johnson was killed in the crash and pronounced dead at the scene. Johnson’s trucking companies, North Metro Truck Leasing and Long Haul Trucking were both name in the suit, Chalat said. Also blamed for their role in the chain-reaction crash, is Zuhkov, MTR Express and Swift Trucking, Inc. Already on the scene of the first accident Cheyenne County deputy Zack Goodrich, and Deputy Sheriff Fred Wiedeburg, was on his way to a second collision approximately a mile east of the first crash. This collision involved a tractor-trailer truck and two passenger vehicles. The trailer was disconnected by the truck operator. According to an affidavit against Slezak, the big rigs became engulfed in flames. The big rig Slezak was driving was owned by AKI Trucking and collided with a 2010 Ford Mustang, driven by Christopher Schmidt. The impact of that collision resulted in a 2007 Toyota Corolla driven by Diana Schmidt to be propelled underneath of a big rig in front of the vehicle. At the time of the collision the lawsuit claims the truck Slezak was operating was traveling approximately 75 mph. The original complaint filed by Cheyenne County Attorney Paul Schaub, at the time of the collision the couple was in the process of relocating from Gaithersburg, Maryland and both vehicles were registered in the names of Diana and Christopher Schmidt. The accident killed Diana, Christopher and their children Samuel and Conner, along with their unborn child of 30 weeks, Ethan Schmidt. Evidence presented in the preliminary hearing, included allegations that Slezak drove from Wisconsin to the Panhandle without stopping, prior to the accident. This exceeds Department of Transportation standards, for in-service duty, which is listed in the lawsuit. Slezak, was scheduled for another hearing November 7th, after filing a plea through his attorney Kelly Breen, for abatement. Slezak is in Cheyenne County Jail, in lieu of $1 million bail. So this fact pattern raises issues of insurance coverages, course and scope of employment, arguing over the division of awards, etc. You can learn about recovery of damages for wrongful death lawsuits over here. Other than that, just keep reading this blog. Sources: http://www.thetrucker.com/News/Stories/2012/11/2/Truckdrivercarrieramongthosenamedinwrongfuldeathsuit1.aspx http://www.ehlinelaw.com/pages/3420/expert_losangeleswrongfuldeathattorneys.htm

Truck Driver and Carriers Named in Wrongful Death Lawsuit

By Attorney Michael P. Ehline, Esq. www.ehlinelaw.com - A lawsuit filed in a multiple fatality chain reaction accident that occurred on September 9th, in Cheyenne County names the truck driver in the suit, who is charged with the deaths of four family members and an unborn child. His employer, one trucker and several other trucking businesses, are also named in the suit filed October 29th in U.S. District Court in Lincoln. Parents Bradley Bauman and Nancy R. Bauman of Diana R. Schmidt and mother Donna J. Costley of Christopher D. Schmidt filed the lawsuit and the estates of Daina and Christopher Schmidt and their two children, Samuel Donovan and Conner Bradley Schmidt. The accident killing the four occurred on Interstate 80 in the vicinity of Potter. The estates of the four were opened October 23rd in the Superior Court of California, in Placer County. The Baumans and Costley were named as co-special administrators of the estates. Denver attorney James Chalat and Omaha attorney John Inserra are seeking damages due to motor vehicle negligence. The truck driver named in the lawsuit Josef Slezak, 36 of River Grove, Illinois, who was also charged with nine felony counts of manslaughter and vehicular manslaughter in Cheyenne County District Court. His employer AKI Trucking of Romeoville, Illinois, Vladamir Zhukov, 66 of Oak Park, Illinois and his employer, Swift Truck Lines, of Wheeling, Illinois, MTR Express, the DOT carrier listed for Zhukov, North Metro Truck Leasing, of Albertville, Minnesota and Long Haul Trucking of Albertville, Minnesota are also named in the suit.

The Maintenance Companies Were Also Named

Included in the suit are ten John Doe’s, who are unknown individuals or entities that were responsible for the maintenance of the braking system on the big Zhukov operated. According to the claim all of the John Doe’s are believed to be Illinois residents. The plaintiffs are seeking damages from pre-judgment interests and jury, from the date of the accident loss, the cost of lawyers fees and the cost of litigation. The accident occurred on September 9th, and at approximately 4:22 a.m. the Cheyenne County Sheriff’s Office was alerted to respond to the scene of the crash that involved a disabled truck on westbound I-80, at mile marker 41 in the vicinity of Potter. A second big rig collided with the parked truck that was operated by Zhukov.

It is Alleged the Trailer Lost Air Pressure

The tractor-trailer Zhukov was operating had allegedly lost air pressure from the governor, stalling in the right-hand lane of the roadway and was owned by Swift Truck Lines. The truck was struck from behind by another big rig driven by Keith Johnson of Big Lake, Minnesota, who was employed by Long Haul Trucking. Johnson was killed in the crash and pronounced dead at the scene. Johnson’s trucking companies, North Metro Truck Leasing and Long Haul Trucking were both name in the suit, Chalat said. Also blamed for their role in the chain-reaction crash, is Zuhkov, MTR Express and Swift Trucking, Inc. Already on the scene of the first accident Cheyenne County deputy Zack Goodrich, and Deputy Sheriff Fred Wiedeburg, was on his way to a second collision approximately a mile east of the first crash. This collision involved a tractor-trailer truck and two passenger vehicles. The trailer was disconnected by the truck operator. According to an affidavit against Slezak, the big rigs became engulfed in flames. The big rig Slezak was driving was owned by AKI Trucking and collided with a 2010 Ford Mustang, driven by Christopher Schmidt. The impact of that collision resulted in a 2007 Toyota Corolla driven by Diana Schmidt to be propelled underneath of a big rig in front of the vehicle.

It is Alleged the Truck Was Speeding

At the time of the collision the lawsuit claims the truck Slezak was operating was traveling approximately 75 mph. The original complaint filed by Cheyenne County Attorney Paul Schaub, at the time of the collision the couple was in the process of relocating from Gaithersburg, Maryland and both vehicles were registered in the names of Diana and Christopher Schmidt.

The Truck Crash Killed Several People

The accident killed Diana, Christopher and their children Samuel and Conner, along with their unborn child of 30 weeks, Ethan Schmidt. Evidence presented in the preliminary hearing, included allegations that Slezak drove from Wisconsin to the Panhandle without stopping, prior to the accident. This exceeds Department of Transportation standards, for in-service duty, which is listed in the lawsuit. Slezak, was scheduled for another hearing November 7th, after filing a plea through his attorney Kelly Breen, for abatement. Slezak is in Cheyenne County Jail, in lieu of $1 million bail. This was a free service message from Ehline Law Firm PC at 633 W. 5th St. #2890 Los Angeles, CA 90071. 213.596.9642.

Bus Trucking Companies Need To Take Precautions To Avoid Tire Blowout Accidents

My colleague Jonathan Rosenfeld, an injury lawyer in Chicago, suggests that a lean economy may be contributing to a series of serious bus accidents in Illinois. Sometimes costing upwards of $1,000 each, commercial tires are one of the more expensive parts of operating big rigs and tour buses. While every part of a vehicle has a useful operating life, squeezing an extra few thousand miles out of a set of tires can theoretically save these companies valuable dollars in operating expenses-- at the expense of roadway safety.

Hard Working Equipment On Commercial Vehicles

Tires on large trucks and heavily loaded buses are under high stress. Not only do they carry a heavy load, they are in constant use for long periods of time, making them more vulnerable to blowouts. Unfortunately, when these large vehicles loose a tire, it can be very dangerous for the passengers in them and all the vehicles sharing the road.

Megabus Accidents Due To Tire Failure

There were two accidents caused by tire failure or blowouts on buses this past summer that have officials concerned with the safety issue of overloading tires. Summer is even more dangerous as the pavement and air heats up, creating even higher temperatures for tires already hot from friction. The accidents both involved Megabus, a low-cost double-decker bus service that provides curbside pick-up. Both instances were on hot summer days with heavily loaded buses.

• August 2^nd in Illinois a Megabus carrying 70 passengers smashed into an overpass after a tire blowout. One passenger was killed and dozens of others were injured.
• August 8^th in Georgia, another Megabus went up in flames. The accident is also blamed on a tire blowout. Thankfully all the passengers were able to get off the bus unharmed.

Tire Warnings Issued

These two bus accidents set an alarm bell off within the Federal Motor Carrier Safety Administration (FMCSA). They issued a warning bulletin to all motor coach carriers on the dangers of tire blowouts that can occur when certain protocols are not followed. The bulletin highlighted a few major concerns.

• Overloading. The buses in question can easily exceed the maximum weight limit for a three-axle vehicle when filled to capacity. The bulletin warned that putting too much weight on the tires could lead to possible tire failure.
• Distribute weight. The warning also specified that evenly placing passengers and luggage throughout the bus can help distribute the weight and reduce the stress on the tires.
• Proper inflation. Tires need to be constantly checked to make sure they are at the correct pressure rating for the weight being carried. The bulletin also mentioned that increasing tire pressure on the rear wheels is also important when carrying large loads.

The FMCSA expects that bus companies will have procedures put into place to make sure that buses are loaded evenly and within weight constraints. They also need to ensure that tires are inspected and checked regularly to make sure that they are in good condition and within the correct pressure ranges for their weight limits. Hopefully, these warnings are enough to bring these issues into the purview of commercial carriers across the country in order to prevent similar incidents from occurring and injuring other passengers. As always I appreciate Jonathan's insight on these commercial carrier safety issues. For more discussion on these issues, you may want to take a look at a site sponsored by Rosenfeld Injury Lawyers www.chicagotruckinjurylawyers.com.

Unlicensed, Untrained Drivers Shop Behind The Wheel of 18-Wheelers

A few weeks ago, a 6-year old California girl was seriously injured when she was struck by a commercial truck driven by an unlicensed driver. In another case, an unlicensed truck driver and his employer face a $40 million wrongful death lawsuit after his 18-wheeler collided into a vehicle and killed three occupants.

Investigations are Ongoing

State and federal law enforcement officials have ongoing investigations into commercial truck licensing fraud that spans 24 states. These same officials say that there are 1000's of unskilled, untrained and/or unlicensed drivers on our roads. While trucking laws have been carefully legislated and enforced, they do not guarantee that we will be safe from trucking related personal injuries on our nations roads.

Govt Closes Truckers Down

Just this year, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration ordered a trucking company to close it's doors after it repeatedly violated federal law. Violations included: citations for exceeding vehicle weight limits, citations for exceeding tire weight limits, citations for truck drivers lacking a required commercial driver’s license.

Nearly 16 Million Trucks on the Road

There are nearly 16 million trucks on the road in the United States - of those, more than 2 million are commercial tractor trailers. Highly populated and trafficked areas like here in Southern California may have as many as 100,000 commercial trucks on the road at any given time. How many of those are properly trained and licensed? How many have failed to inspect the vehicle? Had too many hours on the road without resting? Not adhered to rules and safety procedures? Transports an unbalanced or excessively heavy load? How many drivers engage in negligent conduct like drug or alcohol use?

Here are some more examples of recent trucking related accidents which will hopefully remind us to be a bit more cautious and aware the next time we get behind a wheel.
In Santa Clarita, California a motorist was killed when his truck lost control and crashed into a tree.

In Maryland, a tractor trailer hauling propane crashed and became engulfed in flames, resulting in the death of the driver. In Alabama, a pickup truck towing a trailer caused an 18-wheeler to lose control, resulting in serious property damage in a business district.

In San Antonio, an 18-wheeler and two motor vehicles collided, sending one man to the hospital. It's not only unlicensed drivers that pose a threat. When a truck of any size loses control - whether it a brake malfunction on an 18-wheeler, a semi-truck colliding with a passenger vehicle, or a pickup truck striking pedestrians - the consequences almost always involve expensive property damage and in some instances, serious physical damage and even wrongful death.

Options

If you think you or a loved one may have been involved in a negligent trucking accident, you need to contact an experienced personal injury attorney as soon as possible to determine what legal options you may have. Ledger & Associates – one of the premiere law firms in the country – offers free, confidential, detailed evaluations. Please call 1-800-300-0001 or visit the firm’s website ( HYPERLINK "http://www.ledgerlaw.com/"www.ledgerlaw.com) for more information.

Medical Intern's Risk For Car Crashes Linked To Extended Shifts

Medical interns (1st year doctors in training) work insanely long/demanding shifts that are routinely longer than 24 hours. According to a National Institute for Occupational Safety and Health study the interns are more than TWICE AS LIKELY to have a car crash after leaving the hospital and FIVE TIMES AS LIKELY to have a “close call” accident than those that work shorter shifts. During the 12-month study there were 320 accidents, 133 of which resulted in an emergency room visit, more than $1,000 in property damage and/or a police report.

In real world legal terms, if the medical intern was driving home from work the hospital itself may be liable for any accident that occurred. According to the Bureau of Labor Statistics, almost 15 million Americans work full time on evening shift, night shift, rotating shifts, or other employer arranged irregular schedules. Fatigue is just one of many ways that drivers can be distracted and is not unique to medical interns.

In 2010, 3092 people were killed in crashes involving a distracted driver and an estimated additional 416,000 were injured in motor vehicle crashes involving a distracted driver. There have been multiple “drowsy driving” car accidents here in Southern California that have seen the negligent driver do actual jail time.

Mounting Lawsuits Involving Fatigued/Distracted Drivers

Many multi-million dollar financial settlements have been awarded to victims by individuals as well as businesses whose employees were involved in drowsy driving crashes. Earlier this year, a jury awarded a $21 million personal injury verdict against the Coca-Cola corporation for damages arising from a distracted driving crash involving one of its employees.

BIG RIG TRUCK DRIVERS SEEM TO BE BIGGEST CULPRIT

Large trucks – 18-wheelers, tractor trailers, semi's or big rigs – have one priority: get from Point A to Point B as fast as possible. Fatigued and inattentive drivers are out on the road right now and can cause serious personal injury or wrongful death in the blink of an eye. The National Highway Transportation Safety Administration (NHTSA) estimates that up to 40% of accidents involving large trucks may be the result of driver fatigue. When driving near one of these monsters of the road, make sure to give them the wide berth they deserve. Keep your distance and always assume that the worst can happen. Be conscious of escape routes so that you and your loved ones can get to a safe place if a truck loses control.
Have you or a loved one been involved in a car accident due to a fatigued or distracted driver? If so, or if you have questions about your legal rights, you need to contact an experienced personal injury attorney as soon as possible. Ledger & Associates – one of the premiere law firms in the country – offers free, confidential, detailed evaluations. Please call 1-800-300-0001 or visit the firm’s website ( HYPERLINK "http://www.ledgerlaw.com/"www.ledgerlaw.com) for more information.

Trucking Accident Fatalities Pose a Concern to California Motorists

Do you know that every single day on our beloved California roads there are trucking accidents. Emery Ledger of Ledger & Associates says that most of them are caused by one of the following:

• Distracted driver.

• Tired driver.

• Intoxicated driver.

• Inexperienced driver.

• Inappropriate load.

• Mechanical failure.

Can you imagine what it would be like to lose a loved one due to a perhaps preventable mistake or negligence? Perhaps a death or catastrophic injury that could have been prevented. Unfortunately there are entire too many Californians that can relate to the above – that have been through such a nightmare. Hopefully every single one of those victims of negligent trucking accidents has someone fighting for their legal and financial rights.

Tons of Steel

If you or a loved one have been involved in a negligent trucking collision, then you may know what it's like ton have tons of steel barreling down on you. The result from trucking accidents is often serious bodily damage, head trauma, loss of property and even lost wages from missed days at work.

Do I Have a Claim?

Do you have a wrongful death claim? Was a loved one killed because of the negligence of another party or parties? If this is the situation, you (surviving family members, dependents or beneficiaries) may be entitled to financial damages as the result of the defendant's negligent actions. Wondering what a wrongful death lawsuit is? In short, it's a death caused, in whole or part, by the negligent conduct of the defendant and to file such a case you must be a surviving spouse, child, legal dependent or affected heirs.

Recovery of Money

In many instances, the monies recovered are quite considerable and can include medical expenses, funeral expenses, loss of your loved ones future earnings, loss of pension and medical benefits, loss of companionship and in some cases, punitive damages. These are difficult legal actions to undertake for a number of reasons, not least of which is that insurance companies are traditionally very uncooperative in these instances. It's always a traumatic time for the loved ones of the decedent and as they are going the wrongful death, which makes it even more important that you select a personal injury law firm that has the experienced litigators who are able of acting compassionately with you, yet aggressive when it comes to preparing complicated cases like these for trial.

Getting Help

For a free, confidential, detailed evaluation with a personal injury lawyer at Ledger & Associates, please call 1-800-300-0001 or visit the firm's website for more information at www.ledgerlaw.com.

California Trucking Accident Victim's Wounds Run Deep

Maybe you – or a loved one – can imagine what it's like to be struck by an 18-wheeler. Maybe you can imagine the impact, the sound and the horror of a big-rig hitting you at 70, 80, 100 MPH. Some people can imagine that, because they have been through it. If your vehicle has been struck, sideswiped, rolled over on or a loved one has been killed by an big rig, then you know how devastating trucking accidents can be.

Eligibility for Compensation

Did you also know that you and your loved ones may be eligible for considerable monetary compensation for the medical bills, replacement of damaged property or even for the physical, emotional, psychological injuries suffered from a trucking accident? If you or a loved one have been negligently, carelessly or willfully injured you may be entitled to financial compensation for property loss, emotional pain, psychological suffering, physical disability, doctors bills and even lost wages.

And, if you have lost a loved one (if a family member has died due to a negligent accident) the lawyers at Ledger & Associates may be able to get you even more justice—monies for loss of your partner, lost wages if you were financially dependent upon them and even punitive damages if it applies. The best way to know how and how much you may qualify for is to consult an experienced advocate (Click Here.)

Every minute of every day there is millions of pounds of big rigs flying all over our nations roads. Unfortunately for all of us, the amount of negligence that exists among truck drivers right now has never been higher. While the vast majority of truck drivers are excellent at what they do, they are operating complicated pieces of machinery with untold and unseen negligence around every corner.

Lawsuits are Complicated

Lawsuits are often as complicated as they vehicles themselves. They may involve multiple parties – various vehicle owners, trucking companies, drivers, insurance companies etc. – and may also require multiple investigations and even various legal claims and actions. To ensure that the victims of the negligent trucking accident gets what they are their families deserve from the trucking accident lawsuit it is imperative that they (you?) enlist the aide of a preeminent personal injury law firm. If you or a loved one – a child, a spouse – has been injured by a truck, car, motorcycle or any moving vehicle, you need to understand that you have legal rights and that if negligence exists, you may be entitled to monetary compensation for he injuries suffered.

For a free, confidential, detailed evaluation with a personal injury lawyer at Ledger & Associates, please call 1-800-300-0001 or visit the firm's website for more information at www.ledgerlaw.com.