The sister of the pregnant victim of a fatal trucking accident that occurred back in May 2016 filed an amended petition in her lawsuit against the decedent’s male companion, semi truck driver and his employer. She is seeking more than $25,000 in damages.

In the latest Cape Girardeau, Missouri, court filing from Oct. 18, 2016, it alleges that the decedent’s prematurely born baby girl suffered brain trauma as a consequence of having been involved in utero in the accident. The infant was delivered via cesarean section after her mother died as a result of injuries suffered in a three-car accident involving her vehicle, being operated by her male companion, a semi truck and another vehicle.

In the accident in question, the driver of the vehicle carrying the deceased pregnant woman had slowed to a speed reported to be below the interstate minimum when a semi-trailer crashed into them. A law enforcement investigation found that the trucker had not only been driving too fast for conditions, but had become distracted as well. No traffic citations were issued in the incident.

Upon her birth, the infant was transported to St. Louis Children’s Hospital. In the seven months since being born, the amended lawsuit maintains it has become evident to medical staff that the girl suffers from hypoxic brain trauma, a condition generally resulting from a lack of oxygen to the brain.

Further, the claim establishes that the child will necessitate dedicated medical care for the rest of her life. The filing attributes the unborn child’s condition to her involvement in the trucking accident that killed her mother.

Unfortunately, accidents of this kind are not uncommon. In the age of technology, people seem to inevitably be distracted by something — whether it is texting and driving, an animated phone call or watching TV on a dashboard screen. Victims of these drivers’ carelessness should not be on the hook for driver negligence.

If you or someone you know has been the victim of fatal truck accidents and has suffered significant mental and/or physical injuries, am experienced Missouri personal injury attorney will help you learn more about your rights to demand compensation for medical expenses as well as the pain and suffering you endured.

Source: St. Louis Post-Dispatch, “Documents: Missouri baby suffers brain trauma after crash,” Jan. 09, 2017