Articles Posted in Truck Accidents

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Sean McFly, a 29-year-old student at the University of Florida, was heading to class from a campus parking lot. As he was walking in the crosswalk, a truck driven by Billy Harrison, a University of Florida employee, hit him.  He suffered cervical disk herniation at C5-6 and C6-7 that resulted in nerve damage to his hands.

McFly suffers ongoing pain and will require spinal fusion at a later date. His past medical expenses totaled $36,000.

McFly sued the University of Florida alleging liability for Harrison’s choosing not to yield to a pedestrian in a crosswalk. McFly claimed that Harrison had been using his cell phone at the time of the incident. It was also alleged that Harrison failed to slow down before the impact.

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Anthony Ellis, 21, was on a highway driving his motorcycle when he entered an intersection.  Emily Trevino was driving in the opposite direction and waiting to make a turn. She turned left in front of Ellis.

Ellis’s motorcycle and Trevino’s car collided and Ellis was thrown into a ditch. He suffered multiple fractures, including to his finger, toes, arm and left knee. He was hospitalized and underwent surgery followed by a course of physical therapy.

Ellis had planned to join the military but is now unable to do so because of his injuries. His medical expenses approached $208,000 with his past lost income of $9,300. Ellis sued Trevino, alleging that she made an improper turn.

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On Sept. 13, 2011, James Langholf, employed by Howe Freightways Inc., was driving a semi-tractor and trailer truck through Iowa when he heard a pop and felt the engine shake. He then noticed black smoke coming from the engine. He had the engine powered on but pulled off to the side of the road and called Howe’s director of safety and maintenance and the shop foreman for help.

Langholf could not restart the engine and was told to call Cummins, the manufacturing company for his truck’s engine, which had a repair shop nearby.

On advice from someone at Cummins, Langholf called Hanifen Co. in Des Moines to get a tow. Hanifen was 53 miles away and farther than two other tow companies. Two trucks were dispatched, as two were needed to tow the semi-tractor and trailer.

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Jorge Amparo was traveling on an interstate highway in rainy conditions during heavy traffic. Evans Delivery Co. driver Jose Ayala was operating an 80,000-pound tractor-trailer in the roadway’s middle or left lane while he was talking on his cellphone.

As Amparo stopped for traffic in the left lane, Ayala’s tractor-trailer rear-ended his vehicle, causing it collide with another vehicle in front of him.

Emergency workers used the Jaws of Life to extract Amparo who was taken to a nearby hospital. He underwent a discectomy to treat a herniation at L5-S1 and required physical therapy and rehabilitation.

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Elwood Breaux Jr. was working for Plaquemines Parish when the “zipper failure” occurred, the name for a long sidewall rip with protruding metal reinforcement. With air escaping from the tire, Breaux was thrown backward and severely injured. He died 28 days after this occurrence on Feb. 5, 2014 of massive internal injuries to his chest and abdomen caused by the exploded tire. This case was tried before a judge in the Louisiana state district court.

The judge calculated damages to Breaux, his five children and his wife, at $6.7 million, saying about $481,000 of that will reimburse the parish for the workers’ compensation lien.

Louisiana state law will return some of that to the family’s share and judicial interest or add at least $1.4 million to the total. Attorney Danny Meeks represented the Breaux family in this tragic case.

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Jerry Troutwine, 46, was traveling eastbound on a two-lane local highway on a rainy and slushy morning. He was driving his employer’s vehicle.

Justin Nichols was traveling westbound in a dump truck filled with concrete when he lost control of his truck near a downhill curve. The truck’s brakes locked, and the truck crossed the centerline, colliding head-on with Troutwine’s vehicle.

Troutwine died as a result of his injuries. He had been a truck driver and mechanic earning almost $30,000 per year. Troutwine was survived by his wife and teenage daughter.

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Vilma Marenco, 54, was driving her vehicle through an intersection when a loaded 18-wheeler operated by Rodger Jones struck her car on the driver-side door.

She suffered fatal injuries in this crash. She had been a restaurant worker earning $25,000 per year and is survived by her husband and two daughters, one of whom is a minor.

Marenco’s estate sued the truck driver and his company owners including Elisa Fabiola Lopez and R&F Quality Transportation, claiming liability for the negligent entrustment and choosing not to supervise Jones. The suit also named Jones for his failure to obey and heed a red light.  Apparently Jones ran through a red light, which was a cause of the crash and unfortunate death of Marenco.

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In a confidential report of this case, Mr. Doe, 47, was riding his bicycle to work in a designated bicycle lane when he was struck by a truck driven by the defendant, Roe Waste Hauling Co. The driver of Roe Waste Hauling was attempting to make a right turn into a driveway directly in front of Mr. Doe. Mr. Doe’s bicycle struck the side of the truck causing him to fall under its rear wheels. Mr. Doe died from these injuries. He had been a professor, earning approximately $85,000 per year, and was survived by his wife to whom he was recently married.

Mr. Doe’s wife sued the waste hauling company alleging that it was liable for its driver’s choosing not to avoid the collision while turning into the bike lane.

The defendant argued that Mr. Doe had been riding too fast and failed to pay attention to traffic conditions, including the garbage truck and its flashing lights.

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Scott Stevenson, 52, was driving his utility van on a busy interstate highway when his vehicle rear-ended a broken-down truck that had been stopped in the middle lane for fourteen minutes.

Stevenson died from the injuries he sustained in the impact of the vehicles. He had been a self-employed plumber earning about $120,000 per year. Stevenson was survived by his wife and adult daughter.

The Stevenson family sued the truck driver, Richard Delcore, and Simpson Group Inc., which leased the truck and employed Delcore.

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The issue in this case was whether there was insurance coverage for South Shore Iron Works under the $1 million auto policy GD Carriers purchased from National Casualty Co. This involved the injuries suffered by Julio Delgado, a GD employee, who fell from a parked flatbed trailer owned by South Shore Iron Works.

Delgado hooked GD’s tractor to South Shore’s trailer while it was being loaded with steel beams. He was scheduled to transport the beams to a construction project in Rochelle, Ill.

The tractor was covered under National Casualty’s insurance policy. The incident occurred allegedly because of South Shore’s negligence in positioning the beams. Apparently the beams were not secured when Delgado climbed onto the trailer to secure the load.

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