A Texas woman has filed a personal injury lawsuit against a trucking company and one of its employee drivers in connection with a 2010 crash that left the woman with multiple injuries. In her truck accident lawsuit, the plaintiff claims that the trucking company had the right and the duty to control all of the activities of its employee, and that it is therefore liable for the actions of the driver under the legal theory of respondeat superior.
According to court documents, the motor vehicle accident took place in Timpson, Texas, in February 2010. The plaintiff alleges that she was attempting to cross Highway 59 in her SUV when she was struck by the big rig truck driven by the defendant, who had run through a red light. As a result, she suffered severe injuries to the left side of her body, as well as her neck, back and head.
The lawsuit states that the driver was negligent for failing to stop at the red traffic signal in his lane of travel, for failing to yield the right of way, for failing to keep a proper lookout, for failing to properly apply his brakes in order to avoid the crash, for driving recklessly and for driving at an excessive rate of speed.
The plaintiff is also suing the trucking company, alleging that the company is responsible for its employee's negligent actions. She is seeking damages for physical pain and suffering, medical expenses, loss of earnings and of earning capacity, mental anguish and physical impairment.
Source: The Southeast Texas Record, "Indiana trucking company sued after collision in Shelby County," Michelle Keahey, Feb. 13, 2012
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