Founding Partner, Timothy M. Whiting secured 700,000.00 dollars without filing a law suit for a 46 year old woman who was involved in a rear-end collision with a commercial vehicle traveling highway speeds. Our client was heading south on I55 when she was violently rear-ended by a semi-tractor trailer owned by Denton Transportation. This crash occurred due to the truck’s inadequate brake lining and the driver’s failure to keep a proper distance from our client’s vehicle. As a result of the collision, our client sustained numerous injuries including a torn rotator cuff as well as several cervical and lumbar disc bulges. Mr. Whiting successfully argued that it was not simply driver error (following too closely) and failure to conduct a proper pre-trip inspection that lead to the collision but also the trucking company’s failure to properly maintain their truck. Mr. Whiting employed his extensive knowledge of commercial vehicle safety rules and regulations to highlight specific Federal Motor Carrier Safety Regulations (FMCSRs) that were violated by both the trucking company and its driver. Proving that the crash was really due to the company’s failure to supervise and monitor the maintenance of its trucks and its drivers.
Successful trucking accident claims require specialized knowledge and thorough understanding of the complex matrix of regulations, laws, and trucking industry practices regarding safety policies and best practices. Mr. Whiting created a fully comprehensive narrative of liability on the part of the driver and trucking company by interworking the federal regulations with industry recognized practices to show the litany of reasons why this was a “preventable collision.” The National Safety Council provides resources to motor carriers and operators of commercial vehicles. A Guide to Determine Motion Vehicle Collision Preventability recognizes “A preventable collisions is one in which the driver failed to do everything that reasonably could have been done to avoid it.” Following too closely is a topic discussed, and falls under the category of preventable, according to the safety council. Further, front-end collisions are considered preventable because maintaining a safe following distance at all times would prevent any front-end collision.
In doing so, Mr. Whiting was able to prove not only how these various safety violations resulted in the collision but also why the trucking company was equally at fault for the collision as they had a duty to properly have safety systems in place and enforced to maintain their trucks. As a result of Mr. Whiting’s detailed case-work up, the case was settled pre-litigation for $700,000.00.