Mon 21st Aug | 2023

Firm Secures Policy Limits In Tractor-Trailer Related Death After One Deposition

Accidents Personal Injury Truck Accidents Truck Regulations BY
A young military veteran was killed while attempting to render aid to motorists involved in a truck crash. Shortly after the incident, one of the country’s leading personal injury firms informed the family there was no hope for recovery since they did not see any liability against the tractor-trailer involved in the first crash.
Despite being turned down by the previous firm, the family continued their search for justice and retained the personal injury experts at Clark Fountain. 
Partner Ben J. Whitman and his co-counsel hired multiple experts to inspect the four vehicles involved and to document the scene of the two separate crashes that led to the sudden death of our client’s son. 
The investigation revealed the driver of the tractor-trailer was headed home in the rain at the end of his 12-hour shift. He was talking on his cellphone when he drifted into the other lane, clipping a passenger car and causing the tractor to jack-knife on the side of the roadway. The tractor-trailer was blocking two of three lanes of travel as the sun was setting.
According to Federal Trucking Regulations, Florida Statute, and the Commercial Driver’s License Handbook, truck drivers are required to engage their hazard lights and position warning cones immediately after an accident to warn oncoming motorists that travel lanes are blocked.
Unfortunately, the truck driver exited his truck to talk to another driver and neglected to follow the required safety rules. Our client’s son, a military veteran, was attempting to render aid to the motorists involved in the first crash when he was suddenly killed by a vehicle trying to avoid the tractor-trailer that was jack-knifed.
Initially, the insurance company of the tractor-trailer denied all liability for the incident. Clark Fountain filed a lawsuit on behalf of the family and within seven days of the driver’s deposition, the case was concluded for the full policy limits.