Family Files Wrongful Death Suit Over Collision with Tractor-Trailer
The Times Leader website has reported that the parents of a 20-year-old man that was killed when his vehicle collided with a tractor-trailer are filing a lawsuit against the driver of the tractor-trailer. Thomas Rogan and Denise Garofalo have filed a lawsuit against Richard Rody and the company that owns the tractor-trailer arguing that Rody acted in a negligent way and this directly caused the death of their son Joseph Rogan.
The accident that killed Rogan occurred two years ago on September 13th. The lawsuit alleges that Rogan had the right of way on the roadway he was driving on when Rody allegedly made an illegal U-turn. Rogan was unable to stop his vehicle and subsequently collided with the tractor-trailer’s side. The top of Rogan’s vehicle physically flew off and this led to Rogan’s death. Rogan’s parents are seeking damages that amount to well over $100,000 arguing that Rody ignored road signs prohibiting vehicles larger than 21,000 pounds from travelling on roadways. They also argue that Rody did not pay attention to the road nor did he abide by state driving laws.
There are many factors to be considered when a lawsuit of this nature is filed. In this case, the fact that the driver of the tractor-trailer made an illegal U-turn and did not abide by state laws regarding vehicle safety and driving laws, the lawsuit could be swayed in favor of Rogan’s parents. If he indeed had the right of way and the tractor-trailer drove into his direction causing the collision, Rogan’s allegations would be correct and they would win the lawsuit. However, if there is any evidence that points to Rogan being at fault, the lawsuit could go the other way. Regardless of who wins this lawsuit, it is nonetheless a tragedy that somebody that was only 20 years old lost his life as a result of a tragic accident.
