A Wright County Missouri truck accident occurred when a tractor trailer rear ended a Buick on August 16, 2011 at 2:55am. The early morning Missouri rear end trucking accident on U.S. Highway 60 resulted in two injured people.
The accident occurred as both vehicles were traveling westbound on US-60. Truck driver Brett L. King of Parkville, Missouri crashed a 2012 Freightliner Tractor Trailer Unit into the back of a passenger vehicle. The passenger vehicle was a 1992 Buick Park Avenue driven by Adam D. Bolan of Nixa, Missouri.
Occupants in the passenger vehicle were injured in the accident. Samantha L. Rogers of Nixa, Missouri sustained injuries in the accident. Christopher L. Bolen of Ripley, Tennessee was also injured. St. John’s Ambulance took the injured parties to Cox South Hospital in Springfield, Missouri.
A Missouri trucking accident may injure multiple accident victims. As the plaintiffs in a Missouri truck accident lawsuit, the accident victims have flexibility in deciding how to pursue their compensation. Accident victims may sue the defendant trucking company individually, one case per accident victim. Some accident victims enjoy having individual attention paid to their experiences.
The Missouri Rules of Civil Procedure (MRCP) allow multiple accident victims to join together in suing from compensation. The act of joining together to sue a defendant is governed by MRCP Rule 52.05 – “permissive joinder.” This type of joinder is permissive because the courts do not require the accident victims to sue together. Rather, the accident victims have the power to choose how they file suit.
Rule 52.05 states that accident victims are permitted to join in a single lawsuit if their right to obtain compensation is “arising out of the same transaction, occurrence or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.” When multiple accident victims are injured in the same accident, their injuries arise out of the same transaction or occurrence. If accident victims are injured in entirely different accident, they cannot join together under rule 52.05. Common questions of law or fact under Rule 52.05 include questions such as: whether the truck driver negligent: whether the truck manufacturer negligently designed a part: or whether the trucking company improperly encourage truck drivers to violate federal trucking regulations. If accident victims choose to join under Rule 52.05, the courts may decide these questions quickly and efficiently in one case.
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