Trucking company says lawsuit by North Dakota couple should be dismissed

But this is a chance for the Mittleider's to make bank.

 

The opportunity was provided by the driver that ran over them.He is the reason of their pain and suffering.

 

I would like to know what it was that the plaintiff was doing that made it so that they were not driving in a legal manner.
Sounds to me like he may have cut the truck off and caused the accident.
Many of the lawsuits that I see against trucking company's are due to things like that.
The 4-wheeler is responsible for the accident, but they can convince a court that the truck driver was partly responsible.
Lets say that they decide that the driver was 10% at fault. Because his reflexes should have been .005 seconds faster.
They would have had an insane number on the damages. So lets say it was 10 million for damages.
So if the truck driver was 10% at fault, the company now has to pay 1 mill.
This happens all the time and is the bread and butter of the "anti-truck Lawyers".
They do not really care who is at fault and normally they will win no matter who was at fault.
Because a jury will always give some money to the 4-wheeler driver or their surviving family.

 

I would like to know more details too, before jumping to a conclusion.

 

A company wants the lawsuit against them dismissed. Gee, that's news.

 

I never understood why most drivers blame the 4 wheelers for everything.If they know in advance that 4 wheelers are so unpredictable,unreliable and dangerous then why don't the truck drivers adjust accordingly whenever the 4 wheelers are present?

 

Because the only way to adjust is to drive 20mph all the time. I suspect they'd still get you eventually even if you did do something that extreme the way things are going.

 

20 MPH ? I would park it and I have before I would let something that I'am aware of to involve me in a accident.

 

He rear-ended them. His fault, period. Following distance is key and we all know that.