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Wrongful death lawsuit filed against trucking company in deadly Colorado I-25 bridge crash

Denver, CO – The parents of a Colorado single mom killed last August after a trucker crashed into an overpass on Interstate 25 near Mead, CO, have filed a wrongful death lawsuit against the towing company and the driver.

Megan Arneson, 32, of Weld County, Colorado, and her 10-year-old son, Joe Duenas, were driving northbound on I-25 around 6 p.m. on Aug. 8 when the tractor-trailer in front of them struck the bridge with the excavator the driver was hauling. A large piece of concrete crashed through Arneson’s windshield, killing her on the spot. The child suffered only minor injuries but was deeply affected after witnessing his mother’s horrific death. 

The woman’s parents, who are also the boy’s guardians, recently filed suit in Larimer County District Court against truck driver Darnell Yingling, 52, and his employer, Import Towing and Recovery of Fort Collins, Colorado.

According to the lawsuit, the defendants “recklessly and negligently” failed to ensure the excavator was loaded, equipped, and secured to prevent falling from the truck. 

It was obvious that driving on a crowded major highway with a load too tall to clear an underpass would cause death and destruction,” a lawyer for the family said in a statement.

When can you sue a trucking company in Colorado?

According to federal safety rules, trucking companies are responsible for providing maintenance to their vehicles so they are roadworthy at all times. At the same time, the employer has a duty to conduct background checks on new drivers and to submit all employees to random drug and alcohol tests. 

The I-25 crash was caused by the excavator loaded on the truck. If a crash is caused by any sort of problem with the load, the victims or their families can sue the owner of the cargo or those responsible for loading the vehicle.

What sort of damages can you seek in a wrongful death lawsuit in Colorado?

The police have not finished their investigation into the I-25 crash so at this point it is unclear whether the driver will be facing criminal charges. However, the victim’s family can proceed with their wrongful death lawsuit, which is a civil case.

In a wrongful death lawsuit, the family can seek economic and non-economic damages.

For instance, the family can seek compensation for their funeral and burial expenses. At the same time, they can seek damages for the lost financial support their loved one would have provided.

As for non-economic damages, it’s best to talk to an experienced Denver wrongful death lawyer as this type of monetary compensation is more difficult to figure out. The family can claim damages for their grief, loss of companionship, love and affection. When there’s a small child involved, they can also seek damages for loss of nurturing, guidance and protection.

Colorado laws currently limit non-economic damages in most wrongful death suits to $571,870, an amount that is adjusted for inflation every two years.

If someone you loved was recently killed in an accident caused by negligence, you should contact an experienced wrongful death lawyer at the Bryan&Terrill law firm to see what sort of damages your family is entitled to.

Contact info:

Bryan & Terrill

333 W. Hampden Ave., #420B

Englewood, CO 80110

(720) 923-2333

 

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