On Aug. 27, 2012, an 18-year-old tow truck driver on I-35 in Kansas was struck and killed by a trucker, while working on the side of the road. Allegedly, the trucker never heeded the "Move Over" law, yet he has not been charged in the accident.
Over a year later, the deceased 18-year-old's family is furious that the truck driver who struck their son has never been charged or had to pay for their son's death. The father claims that he feels if it was a emergency responder or law enforcement officer who was killed, the guy certainly would have been charged.
The county prosecutor's office claims that the case has been reviewed several times internally, and the ending result has always been that there was no evidence to support the charges. The boy's parents say this is not true. In a civil suit against the trucking company, they uncovered plenty of evidence.
First, the police report admits to the violation of the Move Over law. They had testimony from a passenger in the truck that hit their son stating that he warned the driver of the tow truck ahead and kept telling him to move over. Also, the driver refused a blood test for possible drugs in his system. The police claim they thought the company would do that, and the company claims they thought the police were going to do it. It is a federal law requirement whenever a driver of a commercial truck is involved in a fatal accident. Further, the driver admitted in a deposition that he was concerned they might find cannabis in his system if he took the blood test.
The parents just want to see this driver held accountable. While they received an undisclosed amount of settlement from the towing company, allegedly the check has never been cashed. The father told them in the hearing that they would walk out of there with no settlement if the company would press charges against the allegednegligent truck driver that killed their son.
Many times, when a family files a lawsuit against a negligent driver or commercial vehicle company, people think it is all about the money. It is often just about getting closure and ensuring that the negligent party is held accountable. A parent's grief is unimaginable to those not experiencing it, and negligent drivers may continue to hurt others when not held accountable.
Source: Fox 4 News, "Tow truck driver’s parents believe justice wasn’t served for fallen son" Rob Low, Feb. 03, 2014