We recently settled a Jackson County, Missouri trucking accident case. A UPS tractor/trailer collided with our clients’ minivan on Interstate 35 north of Cameron, Missouri. Thick, black smoke from a grass fire had covered the southbound lanes of I-35 and reduced visibility to zero, resulting in a 14-vehicle pile-up. The UPS truck driver claimed the accident was unavoidable, and the investigating highway patrolmen agreed.
Technical information from the UPS truck was crucial to a favorable settlement. The truck was equipped with an on-board device known as a tachograph that recorded the truck’s movements and speed. Data from the tachograph showed the 65,000 lb. rig entered the smoke at 35 mph and continued at that speed in conditions of zero visibility without brake application for approximately five (5) seconds, until it hit our clients. |
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Discovery of internal UPS documents was also key. UPS had conducted an internal investigation of the accident. On motions to compel, the court ordered production of all documents from the UPS investigation, which revealed that UPS had concluded the accident was “preventable,” meaning its driver was at fault. UPS’s Regional Safety Director then admitted its driver should have pulled over and “ceased operations” in conditions of adverse visibility as required by FMCSR 392.14.
Our clients’ injuries were serious but not disabling, and each made a good recovery. After offering $75,000 at mediation and claiming it would never pay more than $200,000, our clients received a $435,000 settlement shortly before trial. Scott Nutter and John Parisi handled the case.
John Parisi recently settled another trucking accident case in Kansas. |
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On the evening of October 11, 2002, our client Robert Kincaid, Jr. was traveling northbound in the right-hand lane of Interstate 35 in Johnson County, Kansas when his vehicle was crushed from behind by a tractor-trailer rig traveling 65 miles per hour. Mr. Kincaid suffered severe injuries and fought to survive for three (3) months, but tragically died on January 28, 2003, at the age of 92. He was a widower survived by his son.
Liability was hotly disputed. The defendants blamed Mr. Kincaid, relying on reports that he was seen driving erratically before the collision, that he was driving too slowly on the interstate, and that he was driving at night in violation of his daytime restricted driver’s license.
At mediation we were able to show defense counsel a videotape from the Kansas Highway Patrol which recorded the truck driver making devastating admissions. While the driver was at the KHP car to provide his driver’s and insurance information, his statements were recorded by video cameras that also record sound inside the car. On the videotape the trooper asked, “What happened?” The driver responded he did not know and that he wanted to call his employer. He can clearly be heard on the videotape telling his employer while on the telephone that he “fell asleep” and ran into Mr. Kincaid’s car. The truck driver continued to dodge the trooper’s questions about what happened, but finally admitted that he “may have fell asleep.” These admissions were critical in overcoming the defendants’ comparative fault arguments.
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