Battery system design defect cited in deadly truck accident

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Civil lawsuits often have more than one defendant. In the case of motor vehicle accidents, defendants may include the at-fault driver, an auto manufacturer and a municipal, county or state agency. The listed defendants will be based on the allegations in the lawsuit. For example, if there is an allegation of a defective product, a vehicle manufacturer may be listed. If weeds or trees were allowed to grow to the point of obstructing a driver's view, a city or county agency could be named.

The family of a man who was killed when the Mack truck he was driving burst into flames after being involved in a head-on crash has filed a lawsuit against Mack Trucks Inc., First Trucking Express Inc. and the occupants of the other vehicle involved in the crash. The claims made by the lawsuit are numerous and the family is seeking damages of $15 million, as well as punitive damages of $20 million. The crash happened in Nov. 2011 in Harrison County, Texas.

The family alleges that Mack Trucks is negligent and liable for the death of their loved one because the battery system design was such that it was too close to the truck's fuel tank and outside of the rails of the truck's frame. In addition, the lawsuit alleges that the company didn't warn consumers about the possible danger.

The two occupants of the vehicle that struck the truck head-on are accused of multiple negligent acts, including not operating their vehicle at a speed that was safe and not staying in their own lane of traffic.

The reasons for naming First Trucking Express were not provided.

The family wants damages awarded for such claims as for pain and suffering, loss of companionship, care and support, as well as emotional pain, suffering and torment. The lawsuits seeks a jury trial.

Truck accidents are often the scene of serious injuries or deaths due to their massive size and longer stopping distances. When you have lost a loved one due to another's negligence or reckless actions, you have a right to seek compensation through the civil court system. Personal injury attorneys can help you understand your rights and options for seeking such compensation.

Source:, "Family seeks $15M after Mack Truck explodes, cite defect in battery system design" Michelle Keahey, Dec. 12, 2013

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