Cagle Law Firm
Attorney Zane Cagle

Posted on February 15th, 2004,
by Zane Cagle

Uncategorized

Illinois Confidential Truck Accident Settlment

Posted on February 15th, 2004 by Zane Cagle

SEMI TRUCK CRASH CONFIDENTIAL SETTLEMENT

On a snowy February day, Plaintiff was traveling southbound on Illinois Route 3 in Illinois. While traveling on the road Plaintiff noticed a car crash in the northbound lane of Illinois Route 3. Thus, the Plaintiff applied her brakes in an attempt to slow her car. However, when Plaintiff applied the brakes she lost control of her car due to the ice and snow on the road and went into the shoulder of road.

Thereafter, a semi-truck owned and operated by the Defendant crashed into the rear of Plaintiff’s car. Plaintiff alleged Defendant’s negligence and numerous state and Federal regulations violations caused or contributed to cause the crash.

These allegations included:

  • Failing to observe ahead and laterally ahead to avoid objects in the roadway;
  • Going too fast for conditions then and there existing on the roadway;
  • Failing to swerve to avoid hitting Plaintiff’s car;
  • Failing to slow truck despite the weather conditions existing on the roadway;
  • Failing to ensure that he had adequate line-of-sight of the other vehicles and obstructions in the roadway:
  • Following in to close of proximity to Plaintiff’s car;
  • Failing to ensure adequate stopping distance between Defendant’s truck and Plaintiff’s car;
  • Violation of 49 C.F.R. § 395.3(b)(2) in that the driver of the truck had been driving for an long period of time;
  • Violations of 49 C.F.R. § 393.42(a) and 49 C.F.R. § 393.48(a) in failing to keep proper braking equipment;
  • Violations of 49 C.F.R. § 392.7 relating to the truck and trailer; and
  • Violations of 49 C.F.R. § 392.3 in that the driver of the truck was impaired because of fatigue;

As a result of the crash, Plaintiff was ‘life flighted’ to a local hospital. At the hospital, it was determined the Plaintiff had sustained serious injuries to her head, neck, chest and knee. Thereafter, Plaintiff underwent knee surgery as a result of the crash with the truck. The parties reached a confidential settlement agreement only a few weeks prior to trial.