Semi-Truck Crash Lawsuit Cites Cell Phone Driving in Pedestrian Accident that Killed A Woman and Her Two Children

The family of Elizabeth Peralta-Luna is suing truck driver Zachary Barngrover and his employer Monson and Sons Inc. for wrongful death. Peralta-Luna, 30, and her two young children, ages 4 and 9, were killed last month in a semi-truck crash.

The three of them were crossing an intersection when they were hit by the truck, driven by Barngrover. The pedestrian accident case contends that the truck driver did not keep a proper lookout, did not yield the right of way to the pedestrians, and he was using a cell phone while operating the large vehicle. Police cited Barngrover for not yielding to the pedestrian, who were walking in a crosswalk, and turning left improperly.

Distracted driving is dangerous driving regardless of the size of one’s vehicle. That said, truck accidents often lead to catastrophic injuries and deaths, which makes driving one while talking on the cell phone or texting even more of an injury and crash risk. The Federal Motor Carrier Safety Administration banned bus drivers and commercial truckers from texting while operating a vehicle in 2010. The following year they banned commercial drivers from using hand-held cell phones at all.

Unfortunately many truck drivers and other motorists continue to text or talk on the phone while driving. The AAA Foundation for Traffic Safety says that according to federal estimates, about 5,000 deaths in the U.S. alone can be attributed to distracted driving.

Each states has different laws surrounding the use of such devices while operating a motor vehicle.

Now, a new AAA study says that distracted driving is getting worse, especially with teen drivers. Six out of every 10 accidents that were examined involved cell phone use or someone engaged in distracting the driver.

In Massachusetts, our Boston car accident lawyers are here to help crash victims and their families pursue and obtain the compensation that they are owed. Do NOT settle with a trucking company or truck driver without exploring your legal options first. You may be entitled to more than is being proposed to you, especially if the extent of your injuries or your losses are serious.

Lawsuit filed against semi-driver in accident that killed woman, 2 kids, Chicago Tribune, March 9, 2015

Distraction and Teen Crashes: Even Worse than We Thought, AAA, March 25, 2015


More Blog Posts:

Church is Sued in $5M 15-Passenger Van Lawsuit Alleging Wrongful Death, Boston Car Accident Lawyer Blog, March 27, 2015

Boston Construction Accidents Can Lead to Massachusetts Workers’ Compensation Cases, Wrongful Death claims, Massachusetts Workers’ Compensation Lawyer Blog, January 28, 2015

GM Settles Family’s Second Faulty Ignition Switch Lawsuit Over Daughter’s Wrongful Death, Boston Injury Lawyer Blog, March 13, 2015

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