A driver from Lancaster County died following the collision of his tractor-trailer in 2012 and his wife is filing a law suit claiming that the other rig driver was responsible for the crash when his eyes was off the road while getting a drink of soda. This was contained in the wrongful death suit filed in the Eastern District Court of Pennsylvania.

Plaintiff identified as Tracy James, residing in Reinholds, Pennsylvania, was asking for damages, both compensatory and punitive versus driver, Ronald Dawley, together with his employer, the Palmer Fish Co. who was based in Rochester, N.Y. The company was the owner and operator of the tractor trailer that was driven by Dawley. Respondents also included two others: (1) Conway Beam Leasing and (2) G & C Food Distributors & Brokers, the company that hired the services of Dawley’s transportation services.

The complaint stated that on the morning of October 4, 2012, her husband, Richard James, stopped his tractor trailer along the eastern lane of Morris Ave. When James got out of the cab, he turned on his rear trailer lights & brake lights and stood at the curbside near the passenger door.

Minutes later, Dawley was driving own tractor trailer travelling along the eastbound lane and approaching James’ parked truck. The complaint stated that that Dawley took his eyes off the road when he reached down and grabbed a cup of soda. He took a sip and returned his attention to the street. According to the claim, Dawley told the police following the accident that he saw James’s trailer after he grabbed the soda.

Dawley tried to veer out of the way, but it was too late for his truck hit the left rear side of the trailer. The impact caused the vehicle to lurch forward around 50 feet and hit James that ultimately killed him. Emergency responders later found the victim partially beneath the tires of his truck.

The claim stated that there is no proof to show that the tractor-trailer driver really applied his brakes when he saw the other vehicle. The police checked the rig and saw no mechanical problems with the defendant’s truck. His brake must have been functioning properly during that time. James’ wife believed that it was the negligent action of Dawley that was directly the cause of her husband’s death. Dawley was driving too fast not considering the road conditions and he was unable to control of his vehicle that was not mechanically impaired. Lastly, due to his distraction, his rig crashed into the deceased’s tractor.

Tracy James also included in her suit the companies that employed Dawley for his negligence and not properly trained to supervise operating the large, dangerous tractor trailers. She is asking for damages in excess of $75,000 for the death of her husband and for all consequences.

Accident victims have rights. If you or your loved one has been harmed or fatally injured in a vehicular accident caused by the negligence of a distracted driver, contact Pittsburgh injury lawyer now for free consultation. You may be entitled to financial compensation for economic damages, as well as pain and suffering.

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