Donnie Hardison, as an employee of Deep Water Transport Enterprises, Inc., had a duty to drive safely and to obey California Vehicle Code laws
San Bernardino, CA (Vocus) October 5, 2010
The California personal injury attorneys of BISNAR | CHASE (BestAttorney.com) have been associated in as trial counsel on the previously filed wrongful death lawsuit against Deep Water Transport Enterprises, Inc., a North Carolina company licensed to do business in the state of California, and Donnie Hardison, a resident of Washington, North Carolina. The lawsuit stems from an August 2007 incident in which it is alleged that Hardison, a truck driver and employee of Deep Water Transport Enterprises, illegally parked his tractor trailer in the emergency lane of the 10 Freeway in San Bernardino County, California, when a car driven by 25-year-old Tricia Tigue -- who was five months' pregnant at the time -- collided with the truck. Tricia and her unborn baby were killed in the car accident. The lawsuit was brought against the aforementioned defendants on behalf of Tricia's two minor children, Martin Moreno Jr. and David Moreno, by their father, Martin Moreno. The case is pending in the San Bernardino County Superior Court, Central Judicial District, case # CV 09-02153 SJO-DTB.
Negligent Truck Driver Allegedly Causes Fatal Car Accident
According to the lawsuit, Donnie Hardison, a paid employee of Deep Water Transport Enterprises, Inc., was driving a 3-axle Peterbilt tractor truck and a 2-axle trailer eastbound on the 10 Freeway in San Bernardino County, California, when he illegally parked within the freeway's emergency lane to take a rest inside the truck's sleeper cab on August 15, 2007 at approximately 2:25 PM.
At the time, 25-year-old Tricia Noelle Tigue, a resident of San Bernardino County, California, who was five months' pregnant, was driving her 1993 Honda Accord in the same direction as the parked truck on the 10 Freeway, when her car experienced a tire blowout, causing it to swerve abruptly to the right side of the freeway and into the emergency lane. Her car collided with the truck and burst into flames, killing Tricia and her unborn baby on impact.
"Donnie Hardison, as an employee of Deep Water Transport Enterprises, Inc., had a duty to drive safely and to obey California Vehicle Code laws," said Brian Chase, senior partner at BISNAR | CHASE California Personal Injury Attorneys. "Instead, Hardison breached every one of those duties by negligently, recklessly and illegally parking his truck in a designated emergency lane along one of the busiest freeways in southern California. Because of Hardison's negligence, he caused the violent car accident that claimed Tricia Tigue's life and the life of her unborn baby, while robbing her surviving children of the mother they loved so dearly."
Allegedly Deep Water Transport Enterprises, Inc. Failed to Train Driver Properly
According to the lawsuit, Donnie Hardison, as an employee of Deep Water Transport Enterprises, was negligent, careless, reckless and unlawful in his actions on the 10 Freeway that day, which ultimately led to Tricia's untimely death.
The lawsuit also states Deep Water Transport Enterprises acted in a negligent, careless, reckless and unlawful manner by employing, training and entrusting Hardison to operate the truck which was illegally parked and which was impacted by Tricia's car, causing the violent collision that claimed her life.
"Interstate transport companies, such as Deep Water, have a strict duty and legal obligation to the nation's motoring public to ensure the drivers of their trucks abide by traffic laws to avoid causing serious car accidents on today's roadways," said Chase. "If transport companies fail to do this, then they are just as liable as the drivers they employ."
The lawsuit seeks damages for wrongful death, loss of consortium, funeral and burial expenses and court costs. Trial is set for January 25, 2011.
About BISNAR | CHASE
The BISNAR | CHASE Newport Beach personal injury lawyers represent people who have been very seriously injured or lost a family member due to truck and big rig accidents throughout California. The law firm has won a wide variety of challenging serious injury truck accident cases against a number of the nation’s largest trucking companies on behalf of innocent victims. Get a complimentary copy of The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim. For more information, please visit http://www.CaliforniaInjuryBlog.com.
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