$1.55 Million for a 22-Year Old Woman Killed by a Truck

In June 2014, Whiting Law Group’s lead truck accident attorney secured a $1.55 million settlement for the family of a young woman killed in a deadly truck accident. The tragic accident occurred in December 2010 in Wadsworth, Illinois.

An Avoidable Truck Accident

On the evening of December 28, 2010, at about 7:00 pm, Giselle McComb was driving through the intersection of Rte. 41 and Rte. 173, having previously stopped at the malfunctioning traffic light. The intersection was very dark due to a recent, unrelated power outage in the area. The defendant, José L. Bugarin, was driving northbound in a semi-tractor trailer with a load of steel, approaching the same intersection. The defendant truck driver failed to notice the traffic light that was out and he drove into the unlit intersection at 50 mph, slamming into the victim’s car on its driver’s side, killing Ms. McComb.

Giselle was a 22-year old woman studying communications at Trinity Christian College. She was a top student and was active in her community and church. Giselle was survived by her parents and three siblings.

Fighting for Justice

In fighting for justice for the McComb family, Timothy M. Whiting, together with Sara Davis and Torrie Poplin brought suit against the trucking company, J.L. Shandy Transportation, Inc. / J.L. Crotty, LLC., and against the truck driver, José Bugarin.

Given the firm’s focus on trucking accident law, Whiting Law Group went the extra step to sue the shipper of the load for alleged negligent selection of the trucking company. The firm hired two of the top experts in the country to assist in this difficult and still developing area of law. Our attorneys fought to hold the shipper accountable for failing to sufficiently investigate the defendant, motor carrier J.L. Shandy, was competent, fit and safe to safely haul of its load of steel. After a yearlong battle, the court held that the shipping company could not be responsible for the negligence of the truck company and driver. While this was always a tough argument to win, the efforts of Tim Whiting and his associates resulted in changing the shipping industry’s practice on how shippers evaluate and select trucking companies and drivers for hauling their loads.

By aggressively pursuing the case on behalf of the McComb family, Tim and his associates, Sara Davis and Torrie Poplin, won a settlement of $1,550,000.00. Our team of truck accident attorneys secured the maximum $1,000,000 policy limit for the defendant truck driver and trucking company. Moreover, by filing a declaratory action for coverage under the Defendant’s business premise liability policy, the firm secured an unprecedented win for further compensation of $400,000 for our clients from the business liability policy held by the trucking company.

Prior to the collision, the victim had purchased underinsured motorist coverage from State Farm in Wisconsin for her car. By holding the insurance company to the terms of its policy, the personal and accident attorneys at Whiting Law Group were able to recover the full $150,000.00 underinsured motorist policy limits.

Helping the Victim’s Family

In reflecting up the case, Tim Whiting offered his thoughts:

“In all my years as a truck accident attorney, I have never met a more genuine family than the McCombs. Their daughter was truly a wonderful person, as evidenced by the many condolence letters that the family obtained following her tragic passing. As this crash should never have happened, my colleagues and I were honored to be able to deliver justice for the McComb family.”

In practice since 2001, Whiting Law Group is a national firm of truck accident and personal injury attorneys. The firm has a proven record of success, with a strong reputation as being fair, hard-fighting and passionate about obtaining justice for its clients.

If you or one of your loved ones were injured in a truck accident, Whiting Law Group invites you to contact Tim Whiting and his colleagues for a free consultation. Tim can be reached on 877-936-7200, via email at or through the firm’s FREE CASE REVIEW form.

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