Mistrial Declared in Wrongful Death Trial in Indiana Log Truck Accident
A judge in Terre Haute has declared a mistrial in a civil jury trial involving a fatal log truck accident in 2007.
In November 2007, Max and Joyce Strain were traveling in a car on Indiana 63, just behind a log truck driven by Richard Fulk. The truck flipped as it negotiated a curve, and the logs scattered on to the road. Several logs landed on the Strain’s vehicle. The couple was killed instantly. In 2008, a wrongful death lawsuit was filed against the trucking company that had been contracted to transport the logs, the logging company and Fulk. According to police, Fulk admitted to them soon after the accident that he had been driving between 50 and 55mph on the sharp curve, when the suggested speed at the site was 35mph. The load of logs shifted when Fulk negotiated the curve, causing the driver to lose control and the truck to overturn.
Now, a mistrial has been declared in the civil trial, because Fulk is also facing criminal charges in connection with the fatal accident. The trial will now resume only after the criminal case goes to trail in December.
Speeding is undesirable behavior for any motorist, but when you’re talking about an 18-wheeler driver who is in control of tens of thousands of pounds of cargo and a large delicately balanced trailer, such behavior can be dangerous. Often as Indiana truck accident lawyers, we notice that an accident can be the result of a combination of factors.
Log trucks are at special danger of causing injuries to other motorists when logs slip off the trailer. These logs can weigh tons, and even a single log crashing into a smaller passenger vehicle, can have a strong enough impact to crush the vehicle. The devastating power of an 18-wheeler during an accident is one of the reasons why the Federal Motor Carrier Safety Administration lays down such strict guidelines for cargo loads, securing of cargo, hiring of drivers, testing for drug and alcohol use, and maintenance of trucks.
The Indiana wrongful death lawyers at Theodoros and Rooth represent families of victims who have been killed by others’ negligence, and help them recover the compensation they deserve.
