Wrongful Death Lawsuit Filed Against Walmart and Truck Driver

A $10 million wrongful death lawsuit involved a truck crash that killed a restaurant owner and an infant in 2012 is set to go to trial in Tennessee later this year.

The April 1, 2012 truck crash occurred in heavy fog on US 11E in Mosheim TN, and involved an SUV and a Walmart tractor trailer.

The SUV that was driven by the restaurant owner smashed into the Walmart tractor trailer at 8 am in heavy fog. According to lawsuit documents, the rig was turning from Bridge Burners Blvd. and crossed the northbound lanes on US 11E to make a left hand turn toward I-81. Before the rig cleared the northbound lanes of US 11 E, the SUV slammed into the back of the trailer.

Attempts to settle the truck crash wrongful death lawsuit were unsuccessful.


The suit claims that the truck driver attempted a dangerous turn in poor visibility, which included hazardous conditions with heavy fog. It also states that he failed to keep a proper look out for other vehicles in the northbound lanes. The SUV driver ‘was suddenly confronted with the trailer portion’ of the rig in his path while he was traveling at highway speed, and he had no time to avoid the crash.

The suit claims that the driver suffered severe and excruciating pain before he died.

Our Virginia truck accident attorneys offer our condolences to the families of the deceased in this sad, tragic truck crash. If all truck drivers would only obey the rules laid out in the commercial driver’s manual for their state, many lives would be saved.

The VA CDL Manual states regarding driving a truck in fog that a driver must:

  • Reduce speed
  • Turn on all lights
  • Use low beams only
  • Be ready for sudden stops
  • Obey all signs related to foggy conditions

It is especially critical for tractor trailer drivers to drive very cautiously in fog; after all, a big rig is much larger and heavier than other vehicles. If the truck is somewhere where it should not be, as was the case in the above accident, a very severe crash is likely.

Our Virginia truck crash attorneys have worked on wrongful death cases where the truck driver did not use proper caution in dangerous driving conditions, such as this $410,000 settlement where the truck slid on black ice and killed our client.

We successfully argued that a Virginia truck driver has a higher obligation to drive safely given that he has a CDL.