A car accident with a semi-truck leads to the death of the driver.
Plaintiff vs. Corporation- Personal Injury: Auto Accident: Wrongful Death and Negligent Infliction of Emotional Distress
1 Million Dollar Settlement
Case Details: Plaintiff was a loving husband, father, and grandfather who owned a flooring installation company with his wife in San Bernardino County. DH and his wife operated the company with the help of their son. The father and son would personally deliver and install the flooring throughout the county.
One day, they were delivering flooring to a client. The son was following behind his father in another vehicle. The Corporation's (defendant) employee was driving a large delivery truck in front of Plaintiff. The Corporation's delivery truck was billowing large clouds of black smoke, which severely restricted visibility on the highway. Due to the lack of visibility, Plaintiff did not see Corporation's truck stop and collided with the truck. His son immediately arrived and attempted to free his father from the wreckage. Our Plaintiff passed away at the accident scene.
Plaintiff's wife brought a claim against the Corporation for wrongful death. Plaintiff's son, who attempted to free his father from the wreckage, brought a lawsuit against the Corporation for negligent infliction of emotional distress. Defendant Corporation disputed liability, arguing that Plaintiff was at fault for rear-ending Corporation's truck. An investigation of the Corporation's truck revealed several safety violations. A separate investigation of the Corporation exposed multiple traffic and safety citations for their delivery trucks. Close scrutiny of all facts and a thorough investigation are necessary and imperative to every case.
Just three months after the lawsuit was filed, plaintiffs settled with the defendant Corporation for the entire policy limit of $1 million.
Damages: Once the amount of Corporation's policy limit was disclosed, a demand was made for the entire policy. In an auto accident case, the issue of liability may appear difficult to overcome for a plaintiff who rear-ends a defendant; however, a diligent investigation is vital because previously unknown facts may provide a different narrative and reveal a defendant's liability.
Frequently Asked Questions When it comes to Big Rig Accidents in California
"I got hit by big rig what are my rights and do I have a case?"
When you are hit by a semi-truck, the case usually has a lot of value since they are large, fast, and dangerous. Juries know how catastrophic semi-truck accidents can be and will understand that their drivers must take extra precautions.
Big rigs are often covered by commercial policies, which typically ranges from $1 million to $2 million. A very important consideration in your semi-truck accident case is recoverability, and trucking companies typically carry substantial policies.
In the aftermath of a big rig accident, it is very critical to conduct a thorough investigation. In Costa Mesa, our legal team arranged for an investigator to locate the truck that hit our client. We went to the tow yard and took pictures. We found that the engine of this semi-truck was being held together with towels and other homemade equipment at the time of the accident.
Obviously, this truck shouldn't have been on the road, but if we hadn't dispatched an investigator right away, that evidence might have been destroyed or fixed to hide these issues.
As a result of early investigation and getting to work quickly when brought on by the client, we were able to settle this case within 60 days. Our California truck accident lawyers have years of experience handling big rig accident cases.