Missouri Trucking Attorney- Freightliner Fails to Yield Resulting in Serious Injuries
On Wednesday April 9, 2008 the Missouri State Highway Patrol reported a serious Missouri truck accident involving a Freightliner semi at the intersection of US 50 at Missouri highway 131. According to the investigating officer who worked this Missouri truck accident, Mitchell Holder, 44 of Odessa, Missouri was driving a 2007 Freightliner when he failed to yield at a crossover and pulled into the path of a 1998 Chevrolet driven by Robert Schlender, 49 of Sedalia, Missouri. Schiender's vehicle struck the the tanker unit of Holder's truck.
Schlender was transported to Centerpoint Medical Center by Lifelight Air Ambulance where he is listed in serious condition. No further information is available regarding his injuries.
Holder was issued a traffic citation for failure to yield to oncoming traffic.
If and when a civil lawsuit is filed against Mr. Schlender, there will likely be a claim for negligence per se. In Missouri, negligence per se is a cause of action that can be asserted when someone violates a law and as a result, one is injured. Under this theory of recovery, the injured party need not prove negligence (that someone failed to use the highest degree of care). Instead, proof of the violation alone is sufficient to prove negligence. All the victim must do is then prove causation and damages as a result of the violation.
For more information on Missouri negligence per se causes of action, contact us for a free case review.
