A Texas jury rendered a $90 million verdict against trucking corporation, Werner Enterprises, for a fatal crash involving a student truck driver. On May 17, 2018, a Houston, Harris County jury awarded Jennifer Blake $89.6 million after a six week long trial against Werner. The crash killed Blake’s seven year old son and left her 12 year old daughter a quadriplegic in need of 24 hour care. Jennifer Blake and another son also suffered brain injuries in the crash.
The crash occurred during icy weather conditions in 2014. The jury found that Werner demonstrated systematic disregard for safety and training policies. The pickup driver lost control and crashed through the median into the oncoming lanes of the interstate, where it was hit by a Werner truck. Plaintiffs stated that Werner’s lack of basic safety systems and its inadequate training processes for student drivers – combined with its business model of assigning student drivers on expedited deliveries – is creating a highly dangerous and unsustainable dynamic on U.S. Highway.
The plaintiffs’ lawyers said, “According to court documents, the collision occurred on I-20 in Texas during freezing rain and black ice conditions. Every state’s Commercial Driver’s License (CDL) manual instructs 18-wheeler drivers to slow to a crawl and get off the road during icy conditions. Shiraz Ali, the Werner student truck driver in this case, did not get off the interstate. Instead, Ali averaged in excess of 60 mph for the 52 miles he was driving in icy conditions prior to the crash, and was traveling over 50 mph seconds prior to the collision. It was undisputed that had Ali complied with the CDL manual the crash would not have occurred….
At 2:50 p.m., one hour and 40 minutes prior to the collision, the National Weather Service issued an updated Winter Storm Warning stating the freezing rain had developed. Yet Werner never communicated this update to its student driver, allowing Ali to average over 60 mph while driving unsupervised through the icy conditions because Ali was on a Just-In-Time (JIT) load, requiring delivery to California by the next day. A JIT delivery is one with an expedited delivery deadline. These are priority deliveries for which Werner expects its drivers to provide 100% on-time delivery.”
Trucking Accident Injury
In the aftermath of a trucking collision, the injured and grief-stricken are most concerned with their health, safety and security. While people injured by truck drivers are suffering in pain in the ICU, rehabilitation clinic or at home, anxiety escalates over their futures, recovery and income. Families in mourning may be overwhelmed with heartbreak and sorrow, afraid to move forward without their loved one. An experienced trucking accident lawyer can allay the fears of these injured victims and demand compensation for damages.
Personal Injury Damages include:
- Past and Future Medical Bills;
- Past Lost Earnings/Wages;
- Future Loss of Earning Capacity;
- Past and Future Pain and Suffering;
- Past and Future Mental Anguish;
- Past and Future Physical Impairment;
- Physical Disfigurement.
Wrongful Death Damages include:
- Financial losses, such as the loss of the deceased person’s earning capacity and the value of the care, maintenance, services, support, advice and counsel he or she would have provided to family members;
- Mental anguish, which refers to the emotional pain, torment and suffering from the death of the family member;
- The loss of the positive benefits flowing from the love, comfort, companionship and society from the death of the family member;
- Loss of inheritance, refers to what the deceased person would have accumulated and left had he or she lived a normal expected lifetime.
Do I Need A Lawyer?
Yes! If injured in a trucking accident, immediate action must be taken to protect your legal rights. Ironically, the trucking company may be building a defense to blame the accident on the injured victims. Many accidents are caused by overworked, underpaid, reckless truck drivers failing to obey traffic laws and industry standards. However, the trucking companies have a “crash team” which is notified immediately as a collision occurs. The purpose of the crash team is to miminize the trucking company’s liability and protect their interests in case any of those injured people sue the company. The crash team is dispatched to the scene of the accident to begin immediate damage control despite the fact that victims are in the process of being extricated or treated at the scene.
Trucking litigation is a highly specialized area of law which requires extensive knowledge of the industry and the trucking regulations that govern it. We have been prosecuting trucking cases for decades and are highly skilled in this specialized area of law. Please contact our offices toll free at (800) 814-4540, fill out the contact form on the sidebar or email carolyn@carolynstclair.com and a nurse lawyer will give you a free consultation about your case. We understand that you are suffering and are here to help.
How can you help me?
We can immediately act to preserve your rights, collect the evidence and assist you in obtaining qualified medical rehabilitation to rebuild your life. We have trademarks of success litigating 18-wheeler trucking accidents and will immediately investigate, videotape, record, document and preserve evidence of the accident that will hold the responsible truck driver and trucking company liable for your injuries.
A lawyer can assemble an experienced team of medical, legal, accident reconstruction and rehabilitation specialists to aid in your physical recovery and receive maximum compensation for your damages. Lawyers consult with engineering and safety experts to recreate the collision. Computerized graphics are utilized to instruct the judge and jury and defendants about the critical elements in the accident.
A medical legal attorney can consult with treating doctors, nurses, psychologists, rehabilitation and occupational therapists about injuries or cause of death. Medical legal teams research the medical records to reveal the onerous struggles our clients experienced from the moment of impact, during hospitalization and throughout the rehabilitation process.
How much does it cost to review a case?
Nothing. Reviews by our medical legal team are FREE. We advance the costs necessary to investigate and file the claim, if the case appears to have merit. Costs advanced are reimbursed to us at the case’s conclusion, after we make a financial settlement. If your case does not receive a jury verdict in your favor or settle before trial, you will be charged nothing as a fee or expense.
How much money can I receive from a settlement or judgment?
Case value depends upon many factors, including, liability of the defendant, nature and extent of the injuries, pain and suffering, mental anguish, permanent disability, lost wages and medical bills, property damage to the plaintiff’s vehicle, funeral costs, loss of support and loss of companionship. Each case has individual damages and liability and amounts received in past verdicts or settlements cannot guarantee the future outcome of a case.
What is a contingency fee?
A contingency fee is not paid until, and unless, there is a successful financial outcome of a claim. Most personal injury cases use a contingency fee contract because plaintiffs often can’t afford to pay an attorney for services rendered on an hourly basis. If we do not receive a jury verdict or settlement for a client, we don’t charge a fee or expense to the client.
Someone from the trucking company contacted me. What should I do?
Do not talk to anyone about the accident. You have a right to an attorney before making any statements, so tell everyone to contact your lawyer. Insurance companies are working for the trucking companies whose goal is to settle your case for little to nothing so that the insurance company wins and you lose.
But, the insurance company said they want to help. Isn’t that true?
Absolutely not. The insurance representatives want to help the insurance company, not you! They will take your statement and spin the story to suggest the crash was caused by the plaintiff in order to minimize your injuries, deny your claim and pressure you into accepting the lowest sum possible, even if your injuries are catastrophic. Do not speak with them and only let your experienced trucking accident lawyer handle speaking to them.
How do we find out what happened in the accident?
As attorneys, we can subpoena evidence of the contents of the truck driving compartment, unaltered truck driver’s logbooks, unbiased statements of witnesses, crucial photographic evidence of skid marks, debris and property damage. Although this evidence is often lost to the injured family and rests solely in the custody of the trucking company, we can use subpoenas and hire investigators and accident reconstructionists that will recreate the accident from the viewpoint of the plaintiffs.
What if the truck driver says the plaintiff caused the accident?
Don’t be surprised as that is a common truck driver’s defense. Blaming the victim and other defenses are common tactics of the trucking companies. Don’t worry, if the police report states the plaintiffs bear some responsibility, that does not necessarily absolve the defendant from liability and damages. We will review other details and to strengthen our case. In some states, an injured plaintiff may still receive a verdict or settlement in proportion to the plaintiff’s fault.
How do we find out about the truck driver?
The Federal Motor Carrier Administration (FMCA) and Regulations govern the truck driver and trucking company. There are strict rules that must be followed and often the rules are violated causing serious accidents and injuries. For example, truck drivers cannot drive more than 14 consecutive hours with no more than 11 hours in actual driving time. The driver must then take 10 consecutive hours off duty without driving. This rule is often ignored causing truck driver fatigue which leads to accidents, death and injuries.
Is the truck driver or the trucking company sued?
The trucking company employing the truck driver is customarily held liable and the truck driver, also. Trucking companies may be responsible for inadequately training the truck driver, hiring a driver with a unsafe driving record, misleading log books, miscalculation of records, etc. The trucker driver also may be held solely or jointly responsible for an accident.
What if the claimant is deceased?
In most circumstances, we can assist the surviving spouse, child or another close relative to become qualified to serve as the personal representative of the estate of the decedent.
Will I have to give a deposition and go to trial?
You may be subpoenaed to give a videotaped deposition with sworn testimony before a court reporter. Do not stress over this as you will be prepared before the deposition by our attorneys.
The vast majority of claims nationwide settle before trial, but we prepare our cases for trial. In our experience, the defendants will settle our claims, rather than risk going to trial with us. Since no one can predict whether or not a case will settle, our attorneys stay ready and prepared for litigation.
Why should I hire your firm?
With decades of trial experience, we have successfully represented thousands of clients across the United States. Our firm was founded in 1971 and lead by Howard Nations, a quadruple board certified trial lawyer and we have the vast legal and medical expertise plus financial resources to fight for our clients against the defendants. We have a team of 120 case managers, paralegals and legal assistants and video production team to support our lawyers. The Nations Firm lawyers appear in courts across the nation and thousands of lawyers, clients and medical professionals refer clients to us.
How long do I have to file a lawsuit or claim?
Most states have a one year, two year or three year time limit from the date of the injury to file a lawsuit, but it varies with each type of case. For example, in Texas, the statute of limitations for personal injury claims is two years from the injury, or when the injury could have been reasonably discovered. In some instances, the time can be tolled by agreement. If you believe that you have a claim where the statute of limitations may be running, we urge you to contact us immediately.
What are your credentials?
Carolyn St. Clair was a briefing attorney for the Supreme Court of Texas and her nursing experience at The Texas Medical Center assisting heart surgeons, Dr. Denton Cooley and Dr. Michael DeBakey, has served an essential role during the past thirty years in litigating trucking, railroad, boating, medical device and pharmaceutical wrongful death and personal injury cases. Carolyn has been involved in multiple successful high profile lawsuits against defendants and corporations and her legal skills have resulted in change to improve industry standards in the effort to avoid future harm to other individuals. She was elected to The National Trial Lawyers, American Association for Justice, New York and Texas Trial Lawyers Associations, University of Texas Health Center and Nursing Associations.
Contact us now
We can’t help if you don’t call. It costs you nothing to consult with us about your trucking accident case. If you or a loved one has suffered major injuries from a catastrophic trucking accident, contact us for a free case evaluation at 1-800-814-4540 or fill out our contact form.
