Whiting Law Group and its co-counsel, Seprico, Petrosino, Di Piero & O’Shea, Ltd. won a significant award of $1.8 million on behalf of a Plaintiff who was killed by a semi-truck in Chicago, IL. After a hard-fought effort, Timothy M. Whiting and co-counsel, Vince Petrosino secured justice for the Plaintiff’s mother for her tragic loss of her son.
The Truck Crash
On April 24, 2014, the Plaintiff, Mr. David Fuentes, was involved in a collision with a minivan while driving and exiting his semi-truck from the Kennedy Expressway exit ramp and the corner of Division Street. While Mr. Fuentes was following his employer’s protocol of photographing the scene at or on the roadway of Division Street, the Defendant truck driver, Mr. Thomas Popovich, began making a right hand turn onto Division Street from the far left lane, due to the accident scene blocking the right lane. Despite identifying Mr. Fuentes before his turn, Mr. Popovich continued with the turn and ran Mr. Fuentes over with his passenger side rear trailer tires. In doing so, the Plaintiffs alleged that Mr. Popovich violated several Federal Motor Carrier Regulations and Commercial Driver’s License requirements, which resulted in Mr. Fuentes being run over by his rear trailer wheels and killed. The Defendants argued that Mr. Fuentes was comparatively at fault for leaving the sidewalk where the defendant truck driver saw him when he began his right-hand turn and for being in the roadway and not paying attention.
Significant Injuries and Harms
After the Plaintiff was struck by being run over by the Defendant’s truck and trailer, he suffered from partial decapitation to this skull and several other fractures and was thereafter pronounced dead at the scene.
Holding the Negligent Truck Driver and Company Accountable
Mr. Petrosino hired Mr. Whiting as his co-counsel for Tim’s experience and success in handling trucking accidents. Personal injury and truck accident attorneys, Tim Whiting and Vince Petrosino, argued that Mr. Popovich’s negligence of not acting as a safe truck driver by failing to follow the safety rules in performing a proper right hand turn and failing to keep a proper lookout for pedestrians, caused Mr. Fuentes’ death. Tim proved by his knowledge and skill in handling trucking accidents that Mr. Popovich’s actions constituted violations of the Federal Motor Carrier Safety Regulations (FMCSR), and Commercial Driver’s License requirements which govern a truck driver’s safe operation of their 80,000 lb. massive tractor trailers.
After less than two years of contentious litigation, attorneys Tim Whiting and Vince Petrosino secured a settlement of $1,800,000 for Mrs. Fuentes and her family.