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Litigation Funding Blog

Horrific Big Rig Crash Results in Three Deaths

August 12, 2015

A 52-year-old Virginia trucker lost his life in a horrendous crash with another big rig. The accident took the lives of three people.

Three people died in an accident involving a head-on collision of two tractor-trailers and a semi on a highway in Maryland. 52-year-old Virginia trucker Terry Coward and his passenger were killed when another big rig crossed the centerline on the highway.

Coward’s wife, Francean Coward, filed a wrongful death lawsuit in Maryland’s Talbot County Circuit Court, alleging the driver of the other semi was at fault for the accident that killed her husband. The statement of claim further alleged that Mr. Coward’s death was due to negligence on the part of Cooley Transport, Inc. and its driver at the time of the crash, Brian K. Hutcheson.

The lawsuit alleges that defendant Hutcheson was driving in a reckless and negligent manner, disobeying the laws and regulations with regard to the safe operation of a commercial vehicle, and completely disregarded the safety of others on the highway by not demonstrating a duty of care for other motorists. It further alleges that Hutcheson’s employer, Cooley Transport, was negligent in hiring him with the knowledge that he was an unfit driver who had caused prior accidents in which he had ignored traffic signals.

Mr. Coward was driving a 2013 Kenworth tractor-trailer eastbound on Maryland Route 404. Hutcheson was driving westbound in a Stoll trailer combination. For some unknown reason, Hutcheson’s vehicle crossed the centerline clipping an eastbound big rig.

Mr. Coward observed the early part of the accident and immediately went into a defensive manoeuvre to try to avoid Hutcheson’s rig by taking a hard steer to the right, but the rig still slammed head-on into Mr. Coward’s Kenworth, causing it to burst into flames. Mr. Coward died as a result of the burns sustained in the accident.

Trucking firms have a duty to hire, train and monitor their drivers, and if a case can be made that this did not occur when Hutcheson was hired, Mrs. Coward stands a good chance of winning her lawsuit.

While waiting for her lawsuit to proceed through the system, Mrs. Coward might be interested in knowing that she could be eligible for a lawsuit loan, an emergency infusion of cash from a litigation funding company that allows a financially struggling plaintiff to pay all of their bills, including medical, funeral and burial expenses.

In situations such as this one, insurance companies are always trying to get a plaintiff to settle early and for less than they may be entitled to in court. Should Mrs. Coward be approved for pre-settlement funding, she would not need to deal with insurance companies or the trucking company attorneys. Should she lose her case in court, she would still be entitled to keep the funds, no strings attached.

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