Friday, 9 March, 2012
The family of a man run over and killed by a truck driver who was falling asleep at the wheel of his vehicle after taking crystal methamphetamine, is to receive 5.2 million dollars in compensation for fatal truck accident after a jury trial in Oregon.
Kelly Linhart (52) from Medford, Oregon – also a truck driver – had alighted from his truck on September 25th 2008 to check the brakes on his vehicle. While he was doing so, he was struck by a truck driven by Daniel Clarey (54) and killed instantly. Police investigating the accident arrested Clarey for driving under the influence and charged him with negligent homicide.
Kelly´s family made a claim for wrongful death and truck accident compensation against the company for who Clarey worked – Washington Transportation – and the brokerage firm Heyl Logistics, who had contracted Washington Transportation to transport goods on their behalf. The claim against Heyl Logistics was made when it was discovered that Washington Transportation was operating without proper authority and insurance.
It was alleged in the claim for compensation for fatal truck accident that Heyl Logistics had failed in their due diligence when hiring Washington Transportation, as the latter company had lost their authority to operate for failure to conduct drug testing on their drivers. It was argued had Heyl Logistics shown more care in the selection of the transportation company, the accident would never have occurred.
After hearing testimony from both parties legal representatives, the Oregon jury found in favour of the deceased´s family and awarded 5.2 million dollars with liability shared between Heyl Logistics, the previous insurers of Washington Transport and Daniel Clarey.
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