Sewell & Neal PLLC has a track record of successfully representing trucking companies and their drivers. We recognize that truck accident claims present unique challenges, and that special care must be taken to present these cases to a jury in the proper light.
• Ken O’Brien represented a truck company and its driver in a wrongful death claim. The truck pulled his vehicle to the side of an interstate highway for a few moments, but was rearended by a car that was trying to merge onto the interstate from an on-ramp. The driver of the car died instantly. The Estate of the deceased driver argued that the truck driver violated state and federal safety regulations that required the deployment of a “safety cone” or other warning device and sought compensatory and punitive damages. The defense pointed out that the deceased driver was not using a seat belt at the time of the accident, and that the driver ignored the sizable trailer, with emergency flashers activated, and that it was unlikely that an additional warning, such as a cone or flare, would have been heeded by the driver. The parties entered into a compromise settlement at mediation.
• Peter Sewell obtained a defense verdict in a truck accident claim. The lawsuit arose from an accident involving a tanker truck and a minivan. The minivan struck the tanker truck as the truck pulled into the roadway from a parking lot. Issues at trial included the precise location of the two vehicles in the roadway at the time of collision, the speed of the plaintiff’s vehicle, and whether the plaintiff failed to keep an adequate lookout for other vehicles. The defense case included an extensive presentation of videotape footage of many semi-tractor trailer vehicles pulling out of the parking lot, photographs and diagrams to demonstrate that the plaintiff would have been able to stop in time if she had kept a proper lookout and drove within the speed limit.