What Happened: Our client was on his way to work in his personal car during the early morning hours, prior to sunrise. During the several hour period prior to his trip, a small amount of rain caused a portion of the highway to become covered with black ice.
When our client's vehicle hit this black ice, he lost control and his car went off to the side of the road and rolled over onto its roof. Our client got out of his car, called 911 and began retrieving personal items from his vehicle. At that time, the defendant tractor-trailer, traveling in the same direction as our client, hit the same patch of black ice and lost control of his truck. It struck our client, killing him immediately.
Our client's widow hired our firm to represent his estate. It was our contention that because the defendant driver carried a commercial driver's license, he was under a higher duty of care to other motorists than someone with an ordinary driver's license.
Outcome: The case was vigorously defended by the tractor-trailer’s insurance company and was settled at the end of a day long mediation for $410,000.
Firm Attorneys and Staff: James C. Lewis and Emily M. Brannon, Attorneys; Denell Falzon, Paralegal; Dana Roth, Legal Assistant