Fitzsimmons Law Firm recently obtained a $4.9 Million wrongful death settlement on behalf of the family of a 21 year old girl killed in an accident caused by an oil and gas truck. The plaintiff's decedent was operating her vehicle south on West Virginia Route 2 when it began to stall. The plaintiff's decedent thereafter began to slow and/or brought her vehicle to a stop in the right hand lane of Route 2 and properly and appropriately engaged her hazard/flashing lights to signal and alert other drivers. Unfortunately, the plaintiff's decedent was unable to pull her vehicle completely off the road because there was a concrete barrier wall immediately adjacent to the road. The defendant oil and gas truck driver failed to observe or react to the operating hazard lights, failed to maintain control of his vehicle and failed to safely pass the plaintiff's decedent's vehicle or bring his truck to a stop despite having ample opportunity to do so. The defendant thereafter negligently and recklessly crashed and collided into the rear of the disabled vehicle. The plaintiff's decedent died as a result of fatal injuries sustained in the subject collision.
As alleged in the Complaint, the oil and gas truck driver failed to maintain proper control; operated a motor vehicle at a speed greater than what is reasonable, proper, and safe; and operated a motor vehicle in a reckless manner. The plaintiff also asserted a cause of action against the oil and gas company alleging that it failed to maintain the subject truck in a safe operating condition. During the case, it was proven that the flatbed truck had worn and/or defective brakes and tires at the time of the accident.
The wrongful death case settled for $4.9 Million which includes compensation for pre-death pain and suffering, funeral and burial expenses, lost wages and lost earning capacity. At the time of her death, the plaintiff's decedent was survived by her two parents, two sisters, and a brother. The settlement also includes damages for these beneficiaries who endured mental anguish and solace as a result of the wrongful death and have further been deprived of the plaintiff's decedent's society, companionship, comfort, guidance, kindly offices, advice, services, protection, care and assistance.
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