Ohio truck accidents can be catastrophic because of their large size. A truck crash involving an unprotected pedestrian may be even more fatal. Recently, the family of a pedestrian killed by a truck in Liberty Township in Jan. 2015 settled a wrongful death lawsuit for $90,000.
The 45-year-old victim was walking along State Route 193 near a mobile home park around 10:39 pm. She was struck by a truck driven by a Brookfield police officer and full-time corrections officer at the Trumbull County jail. He was taking the drug Suboxone without a prescription because of his addiction to oxycodone.
The victim died as soon as she arrived at the hospital. She suffered no conscious pain and suffering, according to this lawsuit.
This drug was found in a routine fluid testing after this accident. He was later fired from the prison after officials learned of his use of an unprescribed drug. At an arbitration hearing appealing his termination, he admitted that he obtained Suboxone from friends, neighbors and street purchases.
The driver was not charged with any crimes for this accident, however. Prosecutors concluded that Suboxone does not impair driving ability.
The victim's estate filed a wrongful death lawsuit against the driver in 2016. It also charged that the driver negligently operated his truck. They claimed that she was walking lawfully although she had a blood alcohol content level of 0.093 and the active ingredient for marijuana was in her system.
The lawsuit was settled for $90,000 in March. Acceptance was delayed because a probate judge ruled that the agreement was not final in April because additional information about the victim's death and her injuries had to be submitted.
Four of the victim's children and her mother will each receive $13,000. The remainder of the settlement will pay for hospital and medical expenses and legal fees.
The family agreed to this settlement to avoid the cost and time of litigation. The driver's insurance carrier said that the agreement was a compromise and continued to deny that he was liable for the crash.
An attorney can help victims of accidents and their families obtain evidence and overcome obstacles with filing a lawsuit against a reckless or negligent driver. They can fight for their rights in settlement negotiations and trials.