Can U-Haul be sued when a U-Haul truck causes an accident involving personal injury or wrongful death?
This question came up recently when a U-Haul truck rented by a Yale undergraduate ran over three women at the Harvard-Yale tailgate party on Saturday, November 19th. The truck allegedly swerved and accelerated before hitting the women, two of whom were injured and one of whom was killed.
The Yale Daily News asked me if U-Haul could be held liable (sued and held accountable to pay personal injury and wrongful death claims). Here is an excerpt from the article:
Attorney Eric Hageman
Eric Hageman, a Minneapolis-based personal injury attorney who handles cases involving truck accidents, said U-Haul could only be held liable for an accident like Saturday’s if it were proven that the company “did something wrong.” If, for instance, Ross [the driver of the U-Haul] was given the vehicle despite being unqualified to drive it, or if it could be shown that the vehicle was put on the road despite a known need for repair, a case could be brought against U-Haul, Hageman said. . . .
[Hageman] added that the Graves Amendment, a federal statute, substantially limits the liability car- and truck-rental companies face in the event of accidents if their vehicles are shown to have been properly maintained and loaned.
However, even if it turns out that U-Haul is not responsible for the tragedy at the Yale game, the driver of the U-Haul truck could be sued. And if the accident was caused, even in part, by a defective part on the U-Haul truck, the manufacturer of that part could also be sued.
Eric Hageman represents accident victims and their families throughout the United States. He can be reached for a free consultation at 1-888-377-8900 (toll free) or by submitting our free consultation form.
What is the role of a trustee in a wrongful death case involving a semi truck accident?
In the case of a death resulting from a semi truck accident, a wrongful death trustee acts on behalf of the family of the deceased person for purposes of filing a wrongful death lawsuit against the truck driver and trucking company. The trustee is appointed by the court based on a written petition filed by the surviving spouse or one of the next of kin. While every state is slightly different, in general, family members who may seek the appointment of a wrongful death trustee may include the following:
- surviving husband or wife
- children
- parents
- grandparents
- siblings
- nieces
- nephews
- aunts
- uncles
- cousins
In general, when money is recovered in a wrongful death lawsuit in Minnesota, the trustee files a petition seeking distribution to the family members in pre-determined amounts and the court has to sign off on the petition, either after a hearing or after all of the beneficiaries have agreed to the distribution amounts. The trustee then ensures the money is distributed according to the court’s order.
A trustee does not act as the family’s attorney. Generally, one or more family members contacts a wrongful death attorney to represent the family, who will then assist the family in appointing the trustee.
Attorney Eric Hageman represents families in wrongful death lawsuits throughout the United States. To contact Eric, call 1-888-377-8900 (toll free) or submit our free consultation form.
Bicyclist Hit and Killed by Dump Truck
A bicyclist is defenseless against any motor vehicle, especially a dump truck. As a professional driver, a dump truck driver must drive with more caution and care. The duty of care requires commercial drivers to be alert to the flow of traffic, including motor vehicles, pedestrians and bicyclists. Dump truck drivers are to have their mirrors adjusted correctly to facilitate ease of observation.
Pritzker Olsen law firm recently litigated a case where the bicyclist was hit and killed by a commercial truck. Attorneys Fred Pritzker and Eric Hageman obtained a $2,469,339 verdict from a Hennepin County jury on April 14, 2011 in a wrongful death case where a bicyclist was run over by the rear wheels of the trailer of a right-turning semi truck at a busy intersection. The jury found 70% fault on the truck driver and 30% fault on the bicyclist.
The verdict was won due to diligent investigation into the bicycle vs. truck accident. Important documents were obtained from the trucking company. Then Fred and Eric spent hours pouring over the driver’s logs searching for any discrepancies. The attorneys were able to determine that there were numerous falsifications, which should have caused the driver to be out of service at the time of the accident.
If a loved one was hit and killed by a dump truck, it is critical to retain an experienced truck accident attorney in order to fight for justice in memory of your loved one. PritzkerOlsen, P.A. offers the individualized attention of a small law firm, with the expertise and experience of a large one. Call 612-338-0202 or 1-800-377-8900 (toll free) for a free consultation about a trucking company lawsuit. If you prefer, you may submit our online contact form.
Driver in Fatal Semi Accident Likely Not Wearing Glasses
A Minnesota four-car semi truck accident that killed two and released a swarm of bees is still under investigation and new information indicates that the driver may not have been wearing the corrective lenses required by law, according to Minnesota State Patrol officials.
The accident on Interstate 35 in Lakeville, Minn., happened in late May and caused a four-car pileup, killed two people and released thousands of honey bees, which were the cargo of the second semi truck involved in the accident.
Fuel Truck Accident Prompts Wrongful Death Lawsuit
A fuel truck accident wrongful death lawsuit will not be tried a second time, according to an Olmsted County, Minnesota district judge. Attorneys for the plaintiff–the family of the deceased–requested a second trial based on juror misconduct but the motion was denied.
The accident, which happened in August 2008 on Minnesota’s Interstate 90, killed a 19-year-old man from Winona, Minn., after his car rear-ended a Midwest Industrial Fuels truck.
