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Family of Illinois State Trooper Files Wrongful Death Lawsuit – Law Firm Newswire (press release)

Chicago, IL (Law Firm Newswire) February 25, 2013 – A wrongful death lawsuit has been filed by the family of an Illinois State Trooper who was hit by a tractor-trailer.

The Illinois State Trooper was struck and killed by a truck during a traffic stop on Interstate 55. The family of Trooper Kyle Deatherage filed the wrongful death lawsuit against DOT Foods, the owner of the truck.
“This is a tragic incident,” said Chicago car accident attorney Robert Briskman, who is not involved in the case. “If the trooper’s death was caused by the driver’s negligence, then a wrongful death lawsuit is the appropriate action to take.”
Deatherage, 32, was conducting a traffic stop along Interstate 55 near Litchfield, Illinois on November 26 when he was struck and killed by the tractor-trailer operated by DOT Foods.
Deatherage’s family alleges in the wrongful death lawsuit that the driver of the truck suffered from a diabetic condition that could cause him to lose consciousness while driving. The lawsuit claims that DOT Foods should have discovered this condition and should not have hired the driver. The driver has not been charged with a crime.
In December of 2012, the U.S. Department of Transportation revoked the driver’s license, ruling that he was not medically fit to drive and had not exercised due care regarding his medical condition.
Illinois law requires drivers to move over for stopped emergency vehicles. The state recorded 952 traffic fatalities in 2012, an increase from 918 the previous year.
DOT Foods said in a statement that the company has no evidence that the medical condition of the driver played any role in the collision. The company said that the driver was a military veteran with [...]

By |February 25th, 2013|News|Comments Off on Family of Illinois State Trooper Files Wrongful Death Lawsuit – Law Firm Newswire (press release)|

New Virginia Law Allows Fetal Wrongful Death Lawsuits

June 24, 2012 /24-7PressRelease/ — In April, Governor McDonnell signed into a law a bill that allows expectant parents to sue for the wrongful death of their unborn child. The law was one of several abortion-rights related bills that were introduced in the state legislature this session, though it did not divide legislators as the other bills have. It was sponsored by several Republican senators and passed in the Senate 33-6.Provisions of the Wrongful Death of a Fetus Law

The bill will provide expectant parents recourse for the wrongful death of their fetus. Any death caused by the wrongful act, neglect or default of any person, corporation, ship or vessel would be subject to the law, including medical malpractice by a doctor or other medical professional.

Perpetrators of domestic abuse or neglect that causes the death of a fetus may be held responsible under the new law. However, the law prohibits individuals from bringing personal injury lawsuits against the natural mother.

Liability Considerations in the Wrongful Death of a Fetus

Since the law allows parents to sue for several different reasons, it is important to understand the nuances of each claim.

First, medical professionals could be held accountable for medical malpractice. Medical malpractice occurs when a doctor or other health care professional is negligent in his or her duties to provide adequate care, including failure to follow accepted standards of practice. Hospitals may be held accountable if they failed to provide adequate training to staff or reasonable safety and health standards in their facilities.

Others may be held accountable for negligence or abuse they committed. The wrongful death of a fetus may have resulted from someone’s careless actions or failing to take reasonable care that would be expected in a [...]

By |June 24th, 2012|News|Comments Off on New Virginia Law Allows Fetal Wrongful Death Lawsuits|