The federal filing came this week while records show a pending case in Dale County Circuit Court.
DALE COUNTY , Ala. - A lawsuit seeking unspecified damages for the estate of a motorcycle rider killed after striking an allegedly abandoned trailer parked along an Alabama highway shoulder in Dale County has expanded to federal court.
The crash happened about 7 a.m. Monday, Jan. 8, 2024, on Alabama Highway 123 near County Roads 58 and 108, according to the civil complaint.
The lawsuit claims the rider, identified as 59-year-old Dell Mark Justice, encountered an unknown event that forced him off the roadway as he tried to stop or regain control of the motorcycle. He struck the trailer which attorneys claim was parked along the highway’s shoulder in what is described as a “clear zone” required by Alabama law.
The complaint describes the clear zone as an unobstructed roadside area intended to give drivers space to safely recover after leaving the roadway. Instead, the suit alleges, the trailer occupied that space and became a hazard for anyone forced onto the shoulder.The filing further alleges the trailer remained at the site for nearly four months after Justice’s death and was not removed until April 3, 2024, continuing to pose a risk to drivers.
Justice’s estate alleges Litt Trucking knew the trailer posed dangers because it sat along a route the owner frequently traveled and near the trucking company’s office. The complaint alleges violations of Alabama law, federal motor carrier safety regulations and trucking industry safety standards related to parking, abandoning, inspecting and maintaining the trailer, and preventing the crash.
While attorneys representing Litt admit the trailer was parked along the shoulder, they deny many allegations made in the lawsuit.Download the WTVY News4 app to get alerts and stories the moment they are published. Available for FREE in theFord recalls 1.4 million F-150 pickup trucks to fix a gearshift issue
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