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Truck hits overpass, container falls on car in fatal accident

A truck driver in New Jersey apparently didn't calculate the height of his vehicle correctly or note the height of an overpass when he was driving on May 2015. He reportedly hit the overpass, causing the container on his truck to fall.

The container fell onto a car, which was being driven by a 39-year-old driver from another state. Reports are that the driver was pronounced dead shortly after the accident occurred.

The driver of the truck was issued four tickets after police concluded the accident investigation. A police captain stated that the tickets were for driving a vehicle that was over-height, overloading a vehicle, careless driving and obstruction of view. According to reports, the accident caused the police to close the road for several hours. Crews had to work overnight to repair damage to the overpass and roadway.

While some cases involving fatal accidents of this nature can involve criminal charges, the families of victims always have a choice about whether to file a civil lawsuit. Whether or not police identify an at-fault driver, as they did by ticketing the truck driver in the case discussed, families who lost a loved one have the right to seek compensation.

Whether compensation is won depends on a variety of factors, including the evidence of the case, the skill with which facts are presented, and whether the other party is willing to settle or desires to take the case to court. Understanding legal rights and how to best plan for a case can help victims and families bolster the possibility of success in personal injury lawsuits.

Source: Times Union, "Truck driver ticketed in fatal New Jersey crash," June 24, 2015

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Gary D. Ginsberg is a Certified Civil Trial Lawyer who has been recognized as an expert in litigating cases in the courts of New Jersey.

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