A flatbed tractor-trailer driver was assigned to load and deliver 7,000-pound concrete barriers. The barriers were being loaded into rows onto the driver’s trailer. The truck driver was standing next to his trailer strapping down the first row of barriers when a crane operator was loading the second row.
As the crane operator was moving a barrier, it struck another one in the truck causing it to fall onto the driver. He suffered a traumatic, below-the-knee amputation of his left leg.
The driver, age 44, underwent several surgeries resulting in an above-the-knee amputation of the leg. He has been working with prosthesis, but continues to undergo revisions and adjustments. His past medical expenses totaled $283,700. He has not been able to return to work. The trucker faces very limited prospects for long-term employment because of his limited formal education. He is undergoing retraining for a different line of work compatible with his training.
The driver sued the barrier company and the crane operator plus another employee who was supervising the job and the loading process.It was alleged in the complaint that the loading process was negligently done without proper supervision, which was the cause of his devastating injuries.
Plaintiff claimed that employees at the barrier company chose not to warn him or stop the loading activities until he was clear of the zone of danger. n addition it was claimed that the crane operator was negligent in that he controlled the barrier he was moving causing it to swing out of control. It was also alleged that the defendants failed to use tab-lines or other safety procedures to prevent barriers from swinging out of control.
The plaintiff contended that his future medical expenses and life-care costs were over $1 million with past and future lost earnings at $1.06 million.These damages did not include the additional damages of the disability and disfigurement caused by the amputation.
The defendants maintained that the driver was an experienced trucker and that he should have known about the danger of standing next to his truck while the second row of barriers was being loaded.
After the mediation of the case, the matter was settled for $5 million. There was a workers’ compensation lien of $400,000, which was negotiated.
Kreisman Law Offices has been handling trucking accidents for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 37 years in and around Chicago, Cook County and its surrounding areas, including Lemont, Mundelein, Elk Grove Village, Niles, Chicago (Canaryville), Chicago (Bridgeport), Antioch, Winfield, Westchester, Glenview, Round Lake Beach and Long Grove, Ill.
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