When we think of truck accidents, we usually think of a truck driver driving erratically, speeding or being distracted in some way that results in a crash. Rarely do we think of a truck causing an accident by driving too slow. That, however, exactly why a West Virginia woman is suing a trucking company for personal injury.
According to Virginia traffic laws, drivers are not allowed to operate their vehicles so slowly that they obstruct traffic. Although there are exceptions to the rule when it is clearly safer to go slower, the woman is claiming that a tractor-trailer's slow speed caused her to crash into it.
The truck accident happened in 2011 on Interstate 77 outside of Edens Fork. According to the victim's personal injury lawsuit, the truck was traveling somewhere between five and 10 mph in a 55 mph zone. The woman says she tried to move to another lane, but didn't have time and crashed into the back of the truck. She sustained serious injuries and is seeking compensation for a number of damages caused by the crash, including loss of wages, pain and suffering, and mental anguish. The truck driver argued that he needed to drive slowly because he was transporting a load of asphalt.
Although we don't know what the outcome of this lawsuit will be, this case certainly shows the wide range of ways a person can be considered negligent in driving. While it may have been safer for the driver to go slowly because of the cargo he was transporting, it is not unreasonable to think it would be safer for other drivers if he had stayed off the highway. It will be interesting to see how this case is resolved.
Source: The West Virginia Record, "Lawsuit: Tractor-trailer going to slow caused highway accident," Kyla Asbury, March 25, 2013