A Personal Injury Case Analysis - Car Accident Involving a Semi Tractor-Trailer

Facts:

The accident occurred in the early morning hours before sunrise. It was dark outside especially out in the country where the wreck happened. A school bus driver, driving her personal car, had left her house and was on her way to where the school buses were parked. She had made this trip numerous times. She would get up and leave her house before daylight. She would drive to her bus, get her bus running, and then start her route.

This day would be different. She would not make it to the bus depot. Instead, she would be involved in a horrific wreck with a semi-trailer. As a result, she would suffer significant permanent injuries that would affect her ability to enjoy life forever. She would be forced to live in pain with physical limitations.

Before hitting the semi-trailer, our client was driving her car with her headlights on, on a county road in the middle of nowhere. The posted speed limit was 45mph and our client was driving over the speed limit at approximately 50mph. There were no other cars on the road and that was the normal speed she would usually drive to work. Unfortunately, as she was approaching a sewage facility, a semi was backing a trailer into the driveway of the facility. The semi-tractor was facing the opposite direction and the trailer was blocking the client’s lane of travel. The rear of the trailer was already in the driveway. Because of the direction of the semi-tractor and the way the trailer was facing, the headlights and taillights were difficult to see. The client’s vehicle ran into the side of the semi striking one of the tires as well and the side of the trailer.

The police investigated and took pictures of the scene, but since it was dark when the wreck occurred, the photographs were low quality.

Rule:

All vehicles have to be operated using reasonable care. A semi-trailer has to have conspicuity tape (reflective safety tape) on it so that the trailer is visible when light shines on it in the dark. There are rules about where and how this tape should be placed on a trailer. In order to determine if the semi driver and the trucking company were negligent, you would examine the Federal Motor Carrier Safety Regulations, the Indiana Commercial Driver’s Manual, Indiana state laws, and industry standards.

Investigation:

Once Craig, Kelley & Faultless was hired we immediately began investigating the wreck, the semi driver, and the trucking company. Fortunately, we were hired soon after the accident. We were able to send out a preservation of evidence letter that required the trucking company to preserve evidence before the evidence was altered or disposed. The most important piece of evidence was the semi-trailer.

The trucking company and its driver claimed that the accident was caused by our client speeding and not keeping a proper lookout. They claimed that the trailer was visible in the dark and that our client wasn’t paying attention. The semi driver was also claiming that he had to back into the facility because there was no room for him to turn around on the sewage facility grounds.

We inspected the semi-tractor, the semi-trailer, the scene of the wreck, and the sewage facility. We hired an accident reconstructionist, a surveyor, a conspicuity expert, a trucking industry standards expert, and a videographer. When we inspected the semi-trailer, we found that although it did have the proper conspicuity tape, it was covered with ash. The semi-trailer was hauling ash, and it caused a thick gray film to cover parts of the trailer. As a result, there were places on the trailer where the tape was not visible.

When we inspected and had the surveyor measure the scene at the sewage facility, we were able to get all of the measurements that we needed to show that the semi driver didn’t have to back into the facility. He could have easily turned around on the facility grounds. This would have been safer. We shot the location with a drone and this allowed us to show that he would have had room to navigate his equipment.

Next, the semi driver and the Safety Director of the trucking company were deposed. What we found was somewhat surprising. The trucking company was aware of the ash covering the conspicuity tape. This was a recurring problem when hauling ash. Despite this, they did not have a policy, rule, or guidelines on having the drivers or the terminal wash the trailers on any type of schedule.

The reconstructionist was able to determine that the speed of our client was not a factor. He determined that even if our client had been traveling the speed limit, she still would have hit the trailer because the trailer was not visible. By the time she recognized the hazard, even traveling the speed limit, she would not have had time to stop or avoid the collision.

Conclusion:

Craig, Kelley & Faultless was hired quickly after the wreck. We were able to put together a team to inspect the semi and its trailer before it was washed. Had we not been hired when we were, the trucking company may have repaired and washed the trailer, and this would have made the case a great deal harder.

By putting the right team together, we mediated the case in federal court with the Magistrate Judge. We prepared a settlement video in which we included clips of interviews of our team of experts, video of the scene and vehicle, and pictures of the scene and vehicle. We also included clips of interviews we had with our client’s family members, our client’s husband, and our client. As a result, we were able to get the case settled and make a positive difference in the life of our client and her family.