August 2021, Fargo, ND – The Law Firm for Truck Safety, LLP secured a trial victory for a North Dakota family, who tragically lost their children in a broadside crash on Highway 29 near Grand Forks.
In the spring of 2018, hazardous road conditions caused the driver of an SUV to suddenly lose control and come to a controlled stop in the roadway after hitting an ice patch. Despite seeing this take place, the driver for Pan-O-Gold bread company, who was driving behind the SUV, did not sufficiently slow his tractor-trailer to avoid a collision.
The truck broadsided the family’s SUV killing two of the child passengers, and severely injuring another child passenger and the driver.
The Law Firm for Truck Safety plaintiffA plaintiff is the person or party who initiates a lawsuit before a court. By filing a complaint, the plaintiff seeks legal remedy for the harm caused by the defendant's actions or inactions. In civil cases, the plaintiff is the party who claims to have incurred a loss due to the defendant's breach of duty or violation of their rights. In the United States, the plaintiff bears the burden of proving their case to obtain relief or damages from the defendant. attorneys, Andy Young, D.J. Young, and Amy Papuga, along with Nathan Severson (SW&L Attorneys) represented the children. Minnesota truck crash attorneys Pete Kestner, Mary Batcheller and Duane Lillehaug represented the SUV driver’s personal injuryLegal term for an injury to the body, mind, or psyche, as opposed to an injury to property. claim.
Despite initial investigation reports that seemed to relieve the Pan-O-Gold driver of liabilityLegal responsibility for one's acts or omissions. In negligence cases, liability includes proving negligence, proving causation, and resulting damages., it was determined through an intensive discoveryThe pre-trial process by which parties obtain evidence from each other. process that Pan-O-Gold and their driver were, in fact, negligent.
It was determined that Pan-O-Gold lacked a sufficient defensive driver training program; training that the truck driver conceded would have been beneficial in proactively preventing this crash.
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Involved in a Crash?
No other law firm knows trucks quite like us. Our trucking law expertise and trial experience allow us to win multi-million-dollar results year after year.
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
Referrals & Co-Counsel
No other law firm knows trucks quite like us. Our trucking law expertise and trial experience allow us to win multi-million-dollar results year after year.
Involved in a Crash?
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
The parties in this case ultimately settled for a near-record amount pending for cases like this in Fargo, ND.
“It is with great gratitude that I can say that our jury system can both right wrongs caused by others and bring peace to a family suffering the unimaginable,” said truck crash attorney Andy Young. “Our clients’ courage to pursue this matter through trial will certainly result in positive safety changes that will prevent future crashes and save lives.”
Looking at FARS data, in 2020 alone, 4,965 people were killed and 146,930 were injured in truck crashes. Driver education and public awareness play a large role in preventing these devastating tragedies from happening on US roads.
While things like federally mandated ELDT programs go a long way to help educate truck and commercial motor vehicle drivers, they do not go far enough. Vehicle safety technology, industry safety standards, monetary penalties meant to incentivize compliance, and public education about CMVs and how to safely share the roads with vehicles also play a role in reducing fatal and serious injury truck crashes to zero.
