On the morning of December 12, 2019, our client was traveling southbound on State Highway 53 in Wyandot County when she struck the defendant, who was operating a tractor trailer. The semi-truck driver had pulled out into the intersection after stopping, but failed to yield the right-of-way to the plaintiff, resulting in the collision. With no time or space to stop, our client collided with the front passenger side of the semi-tractor trailer while traveling at approximately 55 mph. Our client’s car was forced off the road and spun. Then, it rolled until it finally collided head-on with a utility pole. EMS responders had to cut the windshield and the seatbelt to retrieve our client from her car. She was then transported to the hospital and treated for her injuries. The defendant was cited for failure to yield the right-of-way.
Claims Against the Driver and Truck Company
In this case, there are six causes of action against the defendant driving the tractor trailer and the truck company. The first cause is negligence or negligence per se against the truck driver. Our client believes the accident caused permanent injuries that will require future medical treatment. She has also suffered from pain and emotional distress.
The second and third causes of action are vicarious liability and strict liability against the transportation company. The company chose to hire the defendant and therefore is vicariously and strictly liable for his negligence. The fourth cause of action against the truck company is for failing to properly execute their duty to employ a responsible driver.
The fifth cause of action is against both defendants for pain and suffering. The final cause of action is for the loss of spousal consortium for our client’s husband.
Our client is seeking more than $25,000 in each of the claims as well punitive damages to be decided at trial.