The experience of sitting in heavy traffic on the freeway is all too common for most Texas drivers. However, rarely does this annoying inconvenience result in serious injury. Unfortunately, that was not the case for two co-plaintiffs we recently represented in a claim against an 18-wheeler driver and the negligent trucking company that owned the commercial vehicle.
THE EVENTS SURROUNDING THE ACCIDENT
Our clients were sitting in heavy traffic on Interstate Highway 10 on the way home from work. An 18-wheeler driven by the defendant was on the freeway behind our clients and was unable to stop in time to avoid hitting them. He plowed into the back of their vehicle, pushing them into the vehicle in front of them and setting off a chain reaction that caused several cars to pileup. As a result of this accident our clients were significantly injured both physically and mentally.
AN UNSAFE TRUCKER
Upon investigation it was determined that the truck driver was at fault for this accident. He was not paying sufficient attention to the road at the time of the collision. He was also following too closely and failed to apply his brakes in a timely manner. We were able to demonstrate the facts in this case by taking the black box from the vehicle and sharing the data that had been recorded at the time of the wreck. The black box evidence showed that our clients had been hit so hard by the big rig truck that their vehicle accelerated from 0MPH to 25MPH in a matter of milliseconds.
Our case asserted that the truck driver and his employing commercial trucking company be held accountable for his culpability in our clients’ injuries, suffering, and material loss.
A NEGLIGENT COMPANY
The trucker was operating the big rig truck on behalf of a commercial trucking company at the time of the accident and, because he was acting under the scope of his employment, our case further asserted that the trucking company be held accountable for its culpability in the accident under the doctrine of ‘respondeat superior.’ The trucking company was responsible for multiple acts of negligence, including::
- Negligent supervision
- Negligent entrustment of their vehicle
- Negligent hiring
- Negligent training
THE LOSS OUR CLIENTS INCURRED
Our clients suffered significant physical and mental damage as a result of the accident. We sued on their behalf for compensation for the past and future medical bills associated with the accident, their diminished enjoyment of life, physical and emotional pain and suffering, and lost earning capacity.