A Personal Injury Case Analysis:
On July 13th, 2017, at around 10:30pm, six people were killed and two were injured when a semi plowed into the rear-end of traffic that was stopped in a construction zone on northbound I65 near Bowling Green, Kentucky. The semi driver never braked, swerved, or took any evasive action to avoid the collision. There was a total of four vehicles, two semi tractor-trailers, and two vans involved in the wreck.
Craig, Kelley, & Faultless was hired to represent one of the victims of the crash. He was an older gentleman, not married, no children or dependents. He had gone on vacation with friends. There were six of them in a van heading back to Indiana from Florida. They were the last vehicle stopped in the construction zone and the first to get hit. A niece hired our law firm. Like every person that I have talked to about the wrongful death of a family member, her main question was why and how this could have happened, and what could be done to keep this from happening again.
Why and How Could This Have Happened. Trying to figure out why and how an accident happened is the liability phase of a case. In a case like this the trucking company would prefer to quickly skip over this part of the case and move to damage. They quickly admit that the accident is their driver’s fault, but that it was just an accident. They want to focus on valuing the case and settling quickly without the family even knowing why and how the wreck happened.
However, an attorney who regularly handles semi-truck wreck cases knows that it is important to know why and how the wreck happened for several reasons. First, the family deserves to know why their family member was killed. Second, liability can and often has a significant effect on the value of the claim. In addition, my clients may, as part of the settlement, insist that the negligent trucking company make changes in the way it does business to help prevent future tragedies.
Determining what caused the accident: An accident in a construction zone involving a semi and several other vehicles can be complicated. In order to determine the cause of the wreck, an experienced truck wreck attorney will hire and rely upon several experts. In this case, the following experts were hired and used:
- Accident reconstructionist;
- Cloud point scanning company to 3-D scan the construction zone and the roadway leading up to the accident scene;
- Private Investigator;
- Cell phone download expert;
- Sleep deprivation expert;
- DOT physician and sleep apnea expert;
- Construction zone engineer;
- Industry standard expert;
- Semi tractor ECM download expert; and
- Large truck mechanic.
What happened: Often when you are trying to figure out what caused a semi accident with a car you start by ruling things out. For example, we knew after a mechanical expert examined the semi, that rear-ended the other vehicles, that nothing mechanical caused the accident. After having an engineer in highway construction look at the roadway and signage, we found out that the construction zone was safe and didn’t cause or contribute to the crash. After the semi driver’s cell phone was examined by a cell phone extraction expert, we discovered that the driver was not using his cell phone for any purpose at the time of or leading up to the wreck.
Next, we looked for factors that did contribute to the wreck. Our download expert was able to determine from downloading the Electronic Control Module (ECM), often referred to as a semi’s black box, that the semi had been travelling with its cruise control on at the time of the wreck, that the semi didn’t brake before impact, and it didn’t swerve before impact. We knew the cruise control was set for the speed limit that was appropriate outside of the construction zone but was over the speed limit within the construction zone. Through GPS data we were able to determine that the semi had stopped alongside the highway before the construction zone and that once the semi began to travel it was travelling with its cruise control on, at a steady speed.
We knew through the police investigation that the semi driver was alert, not injured and not impaired by drugs or alcohol immediately after the wreck. Through the litigation process we were able to determine that the semi driver had given slightly different versions of the wreck.
We began to suspect that the semi driver had fallen asleep at the wheel. The semi driver denied that he fell asleep. We subpoenaed the semi driver’s past medical records. The trucking company objected to this, but the court ruled in our favor. What we found from his medical records was that the semi driver had high blood pressure and was extremely overweight for years ahead of the wreck. We also obtained his CDL physical exams. This verified his weight and blood pressure. We also determined the size of his neck. In a deposition he admitted to snoring. Based on this information we suspected that the semi driver might have sleep apnea. We had the semi driver examined by a doctor. Again, the trucking company objected and fought us on this, but the court again ruled in our favor. After being examined it was determined by the doctor that the semi driver likely had sleep apnea and should have had a sleep study done and been treated for this condition before he was allowed to drive a semi.
The last piece of evidence that was crucial to solving the puzzle of this wreck came from the cell phone data extraction. From the cell phone it was determined that the semi driver’s cell phone was in use at multiple locations for the days leading up to the crash. The data was inconsistent with the semi driver’s testimony. The phone was not at one location, or not in use, long enough for the semi driver to have gotten adequate sleep before the wreck. The semi driver was questioned extensively about this during his deposition.
Ultimately it was determined that the semi driver who caused the wreck had untreated sleep apnea, the days before the wreck were spent not sleeping for any extended period, and that driving at night ultimately caused him to fall asleep. He set the cruise control outside of the construction zone and then was struggling to stay awake as he drove toward our client. He fell asleep right before plowing into the stopped traffic, killing our client and others.
Conclusion: This case was ultimately settled for a confidential amount of money. The most important part of the settlement to my client was the fact that the semi company agreed to alter their sleep apnea awareness and sleep deprivation policies as part of the settlement. There is no question in my mind that by insisting on these changes, my client has made the roadways across this country safer and saved lives.
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