When a trucker engages in questionable judgments, the end result may be others suffering the consequences. After a fatal accident, family members often pursue truck accident litigation in an effort to hold others responsible. These serious accidents occur in New York and other locations throughout the country and can result in civil suits against employers.
One accident that occurred in 2015 resulted in the deaths of six people. The case is now before a court located in another state. According to the reports, the trucker did not take action in order to avoid a collision. Police reports indicated that, not only did the driver not brake appropriately, he had been driving longer than the mandates allow. He also supposedly was under the influence of illegal substances and was exceeding posted speed limits.
Legal representatives on both sides now feel that the trial should be moved to another jurisdiction in an effort to avoid the excessive publicity surrounding the case. Along with a requested change in venue, defense counsel for the driver claim that officials obtained evidence illegally. Attorneys for the state refute the claims that any improper procedures were followed. The judge has not made any rulings concerning these matters at present.
The trucker has since been released as an employee for the company for which he drove. While many wrecks result in truck accident litigation, in many instances, the employer should not be held liable for the actions of its drivers. When a driver engages in risky practices or violates company or federal policies -- such as this case demonstrates -- the employer is often not aware of the decisions of those drivers. In these types of situations, New York companies will likely aggressively defend themselves from civil suits that attempt to hold them responsible for the poor choices these individuals make for themselves.
Source: timesfreepress.com, "Attorney says police illegally seized evidence in fatal 2015 I-75 wreck case", Zack Peterson, April 21, 2017