Three-Year-Old Truck Accident Personal Injury Case Presents Additional Questions Regarding Liability
It was almost three years ago that Kevin Boyer of North Dakota was driving his three children home in the family van when they were suddenly struck by a tractor-trailer with a double-trailer rig. Two of his children perished in the crash, leaving both Boyer and the third child, a three-year-old son, critically injured. One son was ejected from the vehicle and into the snow, while Boyer's daughter was discovered partially ejected through a rear window. Boyer and his surviving child were taken to the hospital, where they eventually recovered, but the effects were long-lasting and included the demise of Boyer's marriage. Although Boyer and his wife began divorce proceedings only weeks after the devastating truck accident, they finally came together in 2012 to file a civil lawsuit against the truck driver.
A local publication, The Grand Forks Herald, reports that Plaintiffs allege the driver "violated federal regulations by driving too many hours without rest and using a prescription painkiller that causes drowsiness." The driver, Steve Nelson, has not disputed those claims and, in fact, served a one year sentence after pleading guilty in 2011 during a related criminal case which encompassed two counts of negligent homicide and one count of reckless driving, with all but 60 days of his sentence being suspended. The remaining 60 days were spent on house arrest and an additional 100 hours were spent doing community service.