A truck collision in Flathead County, Montana resulted in one person being hospitalized and the death of another.
Logging truck hits much smaller ATV on Highway 2
The Montana Highway Patrol stated that they were called to the scene in Columbia Falls at about 2 pm. The officer first on the scene found the damaged vehicles just a few miles south of the area of where U.S. Highway 2 and Montana Highway 40 intersect.
After an initial investigation, the state police believe that an ATV was on the side of the roadway, and the driver of that vehicle suddenly tried to make a u-turn and hit the front of a large logging truck. When the truck driver tried to make evasive maneuvers to avoid the ATV, the vehicle tipped on its side. The driver of the ATV was killed immediately from the impact and the truck driver needed to be taken to a local hospital when emergency crews arrived.
Detours were set up on Highway 2 for several hours to redirect traffic. The Montana Highway Patrol planned to do a full investigation, but they did not suspect drunk driving or any criminal activity to be a factor. Photos of the scene showed that the truck was still laying on the side of the road as fire department workers responded to the area.
Possible remedies for a victim who was injured by a truck driver
Truck accidents such as this bring up a number of legal issues. The most important solution is to explore any possible remedies that can be obtained through lawsuits for the accident victim.
The kind of lawsuit that is most appropriate for this truck accident is a civil wrongful death case. This type of action will compensate certain family members for financial losses and emotional pain caused by the victim’s death.
The Montana wrongful death statute says that the case can be brought when a person is killed by wrongful act or neglect of another. In practice, this functions very much like a personal injury case where a family member stands in the place of the deceased person. The state law allows the representative of the person’s estate to bring the case, which is a person named in their will in most situations. If the person who dies is a minor child, their parents will be able to bring the case on their behalf. A criminal case may also be brought by the state if there is any evidence of intent to kill the victim, but these cases progress separately through a different court system and the outcome of one does not affect the other.
Learn more about lawsuits against trucking companies