A man in Texas who suffered a severe concussion, traumatic brain injury and back injuries when a big rig driver rear ended his car has agreed to a $3.3 million settlement with the trucking firm.
According to the lawsuit, the truck driver’s cell phone apparently distracted him when the wreck occurred.
The plaintiff, a 37 year-old from San Antonio TX, was driving his pickup truck on Christmas Eve in 2014.The impact of the rear end collision caused his pickup to flip on its roof.
The man and his wife sued the truck driver and Oakley Trucking; their lawyer claimed that the truck driver did not pay attention and reduce speed when traffic slowed in front of him. Police found that the trucker was distracted by his cell phone and was driving too closely to the man’s pickup truck.
The driver has suffered from numerous mental problems and issues since the accident, including headaches, vertigo and difficulty concentrating.
While federal regulations do allow talking on hands-free cell phones, studies show that hands-free does not offer significant safety benefits over regular phones.
Our personal injury legal team in Virginia has seen the devastating effects of traumatic brain injuries in many cases involving truck accidents and train accidents. We handled a case where a Norfolk Southern train flew off the tracks and smashed into a gas station. The clerk suffered a TBI that has required him to be cared for by a nurse for 16 hours per day. That case resulted in a $46 million settlement so that the man can get the care he needs for the rest of his life.