Articles Posted in Truck Accidents

The estate of a 21 year Michigan man killed in a alcohol-related, double-fatal pickup-truck crash has sued the driver, two bars, and the victim’s father who owned the vehicle.

Such a sad story here. The deceased’s mother, as representative of her son’s estate, is suing the driver and her deceased son’s father (who owned the subject vehicle), as well as the two establishments that the deceased and the driver had been drinking at that evening.

After leaving the establishments, the deceased gave his father’s keys to the driver, who eventually lost control and crashed into an oil-change shop killing the 21 year old man as well as 26 year passenger that had been out with them that night. The driver was drunk and it has been estimated that he was driving between 78 and 86 mph in a 45 mph zone when he lost control.

CNN reports that at least 50 hurt and two people were killed in truck accident involving two school buses and a truck on I-44 outside of St. Louis, Missouri.

Tragic bus accidents like this often obscure the fact that school buses are statistically an extremely safe way for children to travel to school, safer than being driven by their parents. This fact does nothing, of course, if your children were involved in this awful crash. But parents also do not want to overreact to high profile stories like this and take their kids off school buses out of safety concerns.

The family of man killed in an Idaho trucking accident while making a delivery to a dairy has sued 4-Bros Dairy, alleging negligence. The man was delivering apples to the dairy last year when a 40 foot pile of decomposing livestock feed fell on his truck as he was parking it next to the pile. . 4-Bros Dairy has already paid a $1,700 Occupational Safety and Health Administration fine over the incident.

Some of worst truck accident cases our lawyer have handled involve accidents to truck drivers who are injured not in a moving vehicle but tangentially to their operation of a truck.

A Broward County, Florida jury on Tuesday awarded $14.6 million to a truck driver paralyzed in a 2007 accident that occurred in Palm Beach County. According to a truck accident lawyer for the plaintiff, the lawsuit was an uninsured motorist claim to National Casualty. The truck accident occurred when the driver swerved to avoid another driver who ran a stop sign. The injuries are extremely serious: the Plaintiff lost use of his arms and legs as a result of the accident and requires ongoing rehabilitation.

A federal jury in Kansas jury awarded $23.5 million to a man who was severely injured in a truck accident in New Mexico on Route 54 near Tucumcari with a truck driver who tested positive for methamphetamine. Jurors found that the driver for Swift Transportation was 65% responsible for the accident that left Plaintiff with major spinal cord injuries. U.S. District Judge Monti Belot subsequently reduced the actual award consistent with New Mexico comparative negligence law to nearly $15.3 million.

This was a very serious injury case – the defendant has $5 million in past and future medical bills. A big as this case was, it is not the biggest verdict the defendant Swift Transportation has taken in the even the last year. Last December, an Arizona jury awarded $36.5 million to the family of a man killed in a collision with another one of its trucks.

There is a story on the verdict in the Wichita Eagle.

When a lawyer gets a verdict or settlement in a 7 figure case, the lawyer can join the Million Dollar Advocates (of which I am a member). Last week, after a Texas jury awarded $1.5 million in a truck accident involving two men seriously injured after a semi crashed into their car, an Indiana based trucking company entered a more ignominious group of trucking companies that have had million dollar truck accident verdicts entered against them based on truck accidents that occurred within a year, both Texas truck accidents. In 2005, Celadon took a $17.5 million jury hit in a truck accident case involving the death of a U.S. Army lieutenant, who was killed after getting rear-ended by a Celadon truck. The venue? Texas.

In this most recent case, two men were driving in their car on a highway in Waxahachie, Texas (near Dallas) when a Celadon Trucking Services tractor-trailer struck their car. The Plaintiffs’ Texas truck accident lawyer alleged in Plaintiffs’ lawsuit that Celadon negligently hired the truck driver and that its driver caused the truck accident. The jury agreed.

One of the men suffered a fractured vertebra; the other sustained a serious injury to his right knee, which required several reconstructive surgeries. The latter man also suffered a mild traumatic brain injury and damage to his collarbone.

New York City
Jury Verdict Research’s recent study finds that the compensatory median award for personal injury trials in New York is $287,628, dwarfing nationwide median is $34,550. The report covers trials from 2001-2007.

New York has favorable juries, particularly in its urban areas. But the reality is that this number is distorted by the lack of smaller and midsized car accident lawsuits. Under New York’s no-fault law, an insurance company is required to pay drivers, passengers, and pedestrians up to $50,000.00 for their legitimate economic and medical losses but does not provide for pain and suffering. Only permanent injuries cases can recover more than $50,000. This leads to less lawsuits in smaller cases – of which there are many – which increases the overall award in New York.

On Friday, a Dallas County jury awarded $87 million to a man who was partially paralyzed in a moving-truck accident with $87 million in his lawsuit against U-Haul.

Plaintiff’s lawyer Ted Lyon told reporters after the verdict that U-Haul had faulty emergency break and worn down gears. The Plaintiff rented a U-Haul to help his daughter move. When he got out of the truck, it started rolling backwards and knocked him down. Now the formerly active retiree cannot walk and requires around-the-clock care.

The West Virginia Record has an editorial about how the three of the top verdicts in the country came from West Virginia and derided plaintiffs’ lawyers as “tort barons” destroying industry in West Virginia and through the country.

Okay, the problem is West Virginia personal injury lawyers (tort lawyers). Just for fun, let’s look at the fact and see about all of these tort claims. The big verdict was a $404 million award in Roane County v. Columbia Natural Resources. In that case, 10,000 other royalty owners who questioned the price they were being paid for natural gas produced from their property. This is not a tort claim. This is a company stealing from people. Exactly how should such a claim be handled? Should the plaintiffs have allowed this to go on without question for the “good of industry?” How many folks on the Editorial Board of the West Virginia Record would have refused payment if they were in the class? It is just plain silly.

The second case cited, a $251 million verdict against Du Pont in Clarksburg was not a personal injury case but a lawsuit over Du Pont’s handling of the environmental cleanup created by a West Virginia zinc-smelting facility. This is was not a single insured person. This was a lot of people who had been hurt by a very large company in a case where the jury found they did not give due consideration to the environment or the surrounding property owners. Approximately 7000 people suffered harm to their property and we subjected to significant health risks. What would the Editorial Board of the West Virginia Record do if they sat on the jury in this case?