En Español

Nebraska Wrongful Death Lawsuit Invokes State's Fetal Death Law

Orange County wrongful death lawyer comments on a truck crash lawsuit (Case Number 8:2012cv00383) in Nebraska, which invokes the state's fetal death law. According to a Nov. 4 news report in The AP, the lawsuit was filed by the parents of a family killed in a car accident in September.

Newport Beach, CA (PRWEB) November 11, 2012 -- A wrongful death lawsuit (Case Number 8:2012cv00383) that was filed by a California couple whose family was killed in a crash for the first time invokes the state's fetal death law. According to a Nov. 4 Associated Press news report, the lawsuit was filed in Nebraska District Court on Oct. 29 by Bradley and Nancy Baumann, parents of Christopher and Diana Schmidt who were killed along with their children in the crash.

The report states that the Schmidts were traveling in separate cars on Sept. 9 when a large truck driven by Josef Slezak rammed into the back of Christopher Schmidt's car. The force of the collision pushed his car into his pregnant wife's vehicle, which was crushed under the semi, the report states. The couple, their two children and their unborn son, died instantly.

The AP report states that this is the first civil lawsuit to cite the 2003 Nebraska state law, which has been controversial over the years. So far, prosecutors have only used this state law to charge motorists who contributed to fatal accidents, the report states. In this case, the truck driver, who officials say struck Schmidt's car at 75 mph without hitting the brakes, has been charged with vehicular manslaughter, vehicular homicide and one count of vehicular homicide of an unborn child, the report states. The lawsuit alleges that Slezak violated federal hours-of-service rules by staying on the road far longer than the maximum time allowed for truckers.

"I offer my deepest condolences to the family members and friends of the Schmidts who are grieving this terrible loss," said John Bisnar, founder of the Bisnar | Chase personal injury law firm in Orange County, CA.

Truck drivers and trucking companies are required to follow several federal safety regulations including the hours-of-service regulations, which require truckers to be off-duty for at least 10 hours before they can drive, said Bisnar. "Fatigued truck drivers who are pushing unrealistic deadlines and trucking firms that ignore violations of these rules must be held accountable. These regulations are in place to ensure that safety of the traveling public."

It will be very interesting indeed to watch how the federal court in Nebraska handles the issue of the unborn child, says Bisnar. "In my opinion, losing a child is emotionally devastating for a parent or grandparent regardless of whether that child is inside or outside the womb. But, how the federal courts interpret this state law in a civil wrongful death case could set an important precedent on the matter."

About Bisnar | Chase

The California wrongful death attorneys of Bisnar | Chase represent victims of auto accidents, defective products, dangerous roadways, and many other personal injuries. The firm has been featured on a number of popular media outlets including Newsweek, Fox, NBC, and ABC and is known for its passionate pursuit of results for their clients. Since 1978, Bisnar | Chase has recovered millions of dollars for victims of auto accidents, auto defects and dangerously designed and/or maintained roadways. For more information, please call 949-203-3814 or visit http://www.bestattorney.com for a free consultation.

Sources: http://www.sfgate.com/news/crime/article/Neb-crash-lawsuit-invokes-fetal-death-law-4007073.php, http://dockets.justia.com/docket/nebraska/nedce/8:2012cv00383/60774/

Was This Page Helpful? Yes | No

See All Ratings And Awards

The BISNAR | CHASE Difference

  • “I was in a serious auto accident when I was in law school. I had to hire a personal injury attorney and had a really bad experience.”

    John Bisnar

    on what made him want to become a personal injury attorney

  • “I went to law school knowing I wanted to be a personal injury attorney. I wanted my life’s work to have a positive impact on other people’s lives.”

    Brian Chase

    on what made him want to become a personal injury attorney

  • “Whatever the philosphy of the management is, is going to be carried through by the employees and it’s going to reflect on the experience the clients have.”

    John Bisnar

    on his philosophy on running a law firm

  • “Everybody either drives in a car or rides in a car, so when I do the auto defect cases I really feel like I’m making the world safer by making vehicles safer.”

    Brian Chase

    on why he focuses on auto defect cases

  • “The first thing we want to do with our clients is to relieve the stress. Make them feel comfortable. Treat them as an honored guest.”

    John Bisnar

    on how he would define superior client representation

  • “Corporate greed is a reality in our world and I see it time and time again. Especially, with the auto defect cases we focus on.”

    Brian Chase

    on corporate greed and how it affects the consumer

  • “You are dealing with people who are seriously injured or have lost a family member...Compassion is understanding someone else’s situation.”

    John Bisnar

    on the role compassion plays in his profession

Bisnar Chase Personal Injury Attorneys
1301 Dove St #120
Newport Beach, CA 92660

local: (949) 203-3814
Get Directions

California Personal Injury Blog

Amy’s Kitchen Recalls Frozen Food For Possible Listeria Contamination

Amy’s Kitchen, a company that produces organic vegetarian and vegan foods, has issued a recall for about 74,000 cases of frozen food items because they could contain listeria-tainted spinach.

read article

Regulators Say Nissan Airbag Sensor Recalls Didn’t Fix Problem

U.S. safety regulators are looking into complaints that two Nissan recalls did not fix a problem with front-seat airbag sensors. According to an NBC news report, the investigation covers nearly

read article

Twitter Faces Gender Bias Lawsuit In California

Twitter is the latest tech company to face allegations of gender bias. According to a CNET news report, a former female software engineer is suing the microblogging service for allegedly using a

read article


Copyright & Disclaimer

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case.

Bisnar Chase serves all of California. In addition, we represent clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their state, pro hac vice, meaning "for this particular occasion." When in our client's interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.

Copyright © 1999- Bisnar Chase Personal Injury Attorneys - All rights reserved.
Location: 1301 Dove St. #120, Newport Beach, CA 92660 - Tel: (949) 203-3814

Website Design, SEO and Legal Internet Marketing by: SLS ConsultingSLS Consulting