Attorneys Clayton Fitzsimmons and Mark Colantonio of Fitzsimmons Law Firm PLLC filed a case on behalf of a driver who suffered catastrophic injuries, including a severe traumatic brain injury with diffuse grade three axonal injuries, multi-compartment hemorrhaging, and facial and skull bone fractures, when he was struck by a tractor-trailer owned and operated by Western Express, Inc. The suit is pending in the United States District Court for the Western District of Pennsylvania.
According to the Complaint, the tragic incident occurred on the westbound lanes of I-76 in Pennsylvania, between the Cranberry Township and Beaver Valley exits, when the Western Express driver recklessly and unlawfully attempted to merge onto I-76 westbound from a pull-off area and recklessly drove his vehicle diagonally across both westbound lanes, completely obstructing both lanes of traffic and striking a vehicle being driven by the Firm’s client. The force of the collision caused the plaintiff’s commercial vehicle to be pushed off the roadway and into a cement barrier, where the trailer ultimately overturned. News coverage of the incident describes the aftermath of the collision where westbound traffic was halted for approximately six hours, necessitating a 65-mile detour for drivers.
Western Express’ driver was criminally charged in connection with the collision. The charges include aggravated assault by vehicle; aggravated assault with attempts to cause serious bodily injury or causes injury with extreme indifference; vehicle entering intersection/highway; careless driving resulting in serious bodily injury; reckless driving; and violating a hazard regulation.
The Complaint asserts claims against the truck driver for his alleged negligent, reckless, and unlawful operation of the commercial tractor-trailer. The Complaint also asserts claims against the trucking company, Western Express, alleging severe lapses in its training, hiring, supervision, and overall safety operations.
Despite extensive surgical, medical, and rehabilitative efforts, the Complaint alleges that the plaintiff’s injuries have left him permanently impaired on multiple fronts: cognitively, linguistically, emotionally, psychologically, and behaviorally. Due to the severity of his injuries, the Complaint alleges the plaintiff is unable to perform basic life functions independently and requires continuous care, and is further unlikely to ever return home from a neurobehavioral residential facility where he will live for the rest of his life. This horrific tractor-trailer collision has irrevocably altered the life of a father and husband, leaving him severely debilitated and in need of constant medical care and supervision.
The Complaint seeks accountability for the trucking company’s alleged careless and negligent actions, as well as damages to restore the family to where they were before the collision. These damages include a life care plan, which is the cost that will be required for the plaintiff’s medical care and treatment, costs for the plaintiff’s past medical bills, past and future lost wages and benefits, lost household services, and numerous intangible damages such as pain and suffering, mental and psychological anguish and distress, and the loss of his ability to enjoy the pleasures of life. The plaintiffs have also asserted a claim for loss of consortium.
Truck Accident Help and Resources
Our truck injury and personal injury lawyers have a proven track record of holding negligent trucking companies accountable when their actions needlessly injure or wrongfully kill motorists, passengers, and pedestrians. If you or a family member have been injured or killed in a tractor trailer or commercial motor vehicle accident, our team is willing and able to assist and help in any capacity they can. Please feel free to call us at (888) 492-4303 or send us a message online.
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About Fitzsimmons Law Firm
Fitzsimmons Law Firm is based in Wheeling, West Virginia and handles complex personal injury and plaintiff’s litigation in West Virginia, Ohio, Pennsylvania and across the country. The Firm has extensive experience handling tractor trailer collisions and has achieved record results having won over $1.5 Billion in verdicts and settlements for its clients, including over 210 individual cases in excess of $1 Million.