TRUCKING ACCIDENTS I PERSONAL INJURY I CASE STUDY: Tractor-Trailer with Bald Tire Loses Traction and Jackknifes on Wet Pavement Resulting in Wrongful Death – SETTLEMENT: $6,040,000.00
December 29, 2020
Case Study: $6.04 Million Settlement in favor of Deceased Truck Driver that Died in a Head-On Collision with Semi-Truck and Trailer that Jackknifed after Low Tread Tires lost Traction on Wet Pavement
On June 28, 2011 the decedent Mathis operating a garbage truck, while in the course and scope of his employment as a garbage truck driver; was driving his garbage truck in light rain when a semi-truck driver pulling two tractors jackknifed on the wet pavement and crossed over into decedent Mathis’ lane of travel. Once the tractor-trailer struck the cab of the garbage truck, decedent Mathis was killed instantly in the head-on collision.
During discovery it became apparent that the defendant’s trailers had not been inspected in 14-months, when the trucking company as well as the tractor-trailer driver was required to complete trailer inspections every 90-days. In addition to failing to inspect and service the tractor-trailer, the owner of the semi-truck had no system in place to monitor the inspection, maintenance, and service of the trailers.
Per the deceased garbage truck driver, the cause of this trucking accident was three-fold. First the driver of the freightliner tractor-trailer was travelling at a speed greater than reasonable in light of the weather conditions. Secondly the driver of the semi-truck knew and ignored that the tires on the second axle trailer were bald and below acceptable tread depths. Lastly the driver of the freightliner tractor-trailer knew and ignored that the brakes on the second trailer were in disrepair and required immediate replacement.
The estate of the deceased garbage truck driver, which included his 11-year old daughter, sought out compensatory damages for the wrongful death consisting of economic and non-economic damages. This case settled on the first day of trial, right after jury selection and prior to plaintiff’s opening statements in the amount of $6.04 million and conditioned upon: (1) a written apology to the decedent’s family, and (2) defendant changing its safety practices regarding inspections.
As discussed previously, truck accidents often result in catastrophic injuries and wrongful death claims in light of their immense size and weight. Given the severity of damage which may result in a truck accident, truck drivers and trucking companies whom operate and own large commercial trucks must implement safety practices and routine inspection polices to confirm that their equipment is well maintained with a heightened level of care and caution.
There are various types of truck accidents that results in catastrophic injuries and fatalities, such truck accidents including:
Our other articles discussing Trucking Accidents are linked below:
Additional articles discussing what types of damages are available in a wrongful death claim or in trucking accident links are included below:
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