Ryan Bradley | September 10, 2011 | Tractor Trailer Crash \ Truck Accident
An 18 year old from Florissant, Missouri was killed in a Saint Charles County Missouri trucking accident. The fatal St. Charles County Missouri truck accident occurred on October 5, 2011 at 6:10pm.
The St. Charles County truck accident occurred as 18 year old Hamza J. Hamdan of Florissant travelled along U.S. Highway 67 behind a Freightliner tractor trailer. The tractor trailer, driven by Dale W. Mennemeier of West Alton, unexpectedly slowed. Hamdan’s 1996 Cadillac ETC crashed into the rear of the Freightliner.
Hamdan was transported to Alton Memorial Hospital after the accident in the Arch Helicopter. The teenager was later pronounced dead by Dr. Shiv Patil. The accident victim’s next of kin has been notified.
According to the National Highway Traffic Safety Administration (NHTSA), thousands of large trucks are involved in fatal traffic accidents each year. The substantial size of a tractor trailer acts as a multiplier for the force of the collision. Large commercial motor vehicles cause significantly stronger forces during a collision than a passenger vehicle or SUV. As a result, accident victims may be more likely to suffer a fatality in a Missouri truck accident than in a typical car accident.
Truck drivers and their insurance companies will attempt to defend any lawsuit that results from a Missouri truck accident, even when the truck accident kills the accident victim. Under Missouri statute §537.085, a wrongful death lawsuit defendant may bring the defenses that the defendant would have been entitled to “had death not ensued.” Missouri statute §537.085 essentially enables wrongful death defendants to use any defense available.
Missouri statute §537.085 does not limit the defenses available to wrongful death defendants. Truck accident wrongful death plaintiffs should consult practiced wrongful death attorneys to strategize how to overcome the opposing side’s defenses. Experienced plaintiff’s attorneys will be able to anticipate the common defenses that truck accident defendants make based on the facts. By reviewing the police report, the crash report from the Missouri State Highway Patrol, and the accident reconstruction report, an experienced Missouri truck accident attorney may understand how to combat the defenses raised by the defendant.
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