A decision recently released in the case of Baumann v. Zhukov by the federal Eighth Circuit Court of Appeals affirmed a lower court ruling in favor of a truck driver who caused a September 2012 accident that later resulted in five members of a Maryland family losing their lives. The family was killed when their vehicles were hit at full speed by a semi-truck while they were stopped in traffic from the accident caused by the defendant. The family’s estate reached a settlement with the driver of the truck that directly hit their vehicles, but the Eighth Circuit’s ruling will prevent the plaintiffs from collecting any compensation from the negligent truck driver who caused the traffic build-up that eventually resulted in the deadly crash.
A Tragic and Preventable Accident Kills an Entire Family
The fatal accident occurred after the family members, who were driving in two cars, stopped in stalled traffic that was the result of an accident less than a mile ahead. Shortly after their cars came to a stop at the end of the line of traffic, a tractor-trailer crashed into one of their vehicles at 75 miles per hour, nearly demolishing both cars and killing both drivers and all of the passengers: two adults and three children.
According to the ruling, the driver of the truck that crashed into the family’s vehicles had been driving for at least 14 hours straight prior to the accident, and he was unable to operate his vehicle safely. Lawsuits were filed on behalf of the family against the driver who crashed into them, as well as the negligent driver who caused the accident that initially stopped traffic.