Courts to Consider Liability in Case of Truck’s Fatal, Unsecure Load

Minnesota criminal court proceedings against a trucker whose load of hay bales spilled on the road, killing a husband and wife, will precede any wrongful death lawsuit in the case. The driver of the truck has been charged in Houston County with careless driving, no insurance, unpermitted wide load and for driving a vehicle not secured properly (leaking, dropping or blowing on the road.) The tragic incident happened in March and the couple died within days of injuries that resulted from a fiery crash. A falling, 1,200-pound hay bale careened into the couple’s vehicle, pushing it off the road.

“Had the hay bales been properly strapped, they would not have fallen off the trailer,” Minnesota State Trooper Kelley McGraw concluded after a lengthy investigation. The meaning inherent in that quote, reported in the Rochester Post-Bulletin newspaper, will be the basis of truck accident litigation if the family chooses to seek compensation for their tragic loss. The four misdemeanor charges against the 49-year-old truck driver could determine beyond a reasonable doubt that he violated the law. The trucker’s liability for the couples’ death would naturally follow any guilty plea or conviction. The court venue is in Caledonia, Minnesota. The truck driver’s arraignment is scheduled for July 14. Each misdemeanor carries a maximum sentence of 90 days in jail and a $1,000 fine.

Fred Pritzker and Eric Hageman
Attorneys Fred Pritzker and Eric Hageman help families in Minnesota with wrongful death claims. You can click here now if you want a free consultation.

According to the criminal complaint, the bales of hay were overlapping the end of the trailer by 8-10 inchese and secured only with a long chain over the top row of the load. To be in accordance with truck laws, straps are required every 10 feet. Our lawyers have handled these kinds of cases, and they know that families want justice and to do whatever they can to prevent these kinds of safety violations. Our law firm collected several million dollars for a family who lost a loved one when a tire came loose from a commercial truck and crashed through the windshield of a car in March 2008.

When we win a wrongful death settlement or verdict, we work with the family and financial advisors to develop a plan to honor the memory of the deceased loved one. This can involve setting up a plan to use the money for the family — including trusts for children — or establishing a foundation in the name of the victims to provide money to charities.

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