A 50-year-old small business owner was driving on State Route 316 near Lawrenceville when a fatigued tractor-trailer driver drifted across the center line and sideswiped his pickup truck, sending it into a drainage ditch. The collision caused severe injuries including a shattered pelvis, broken femur, and extensive soft tissue damage. Our client spent three weeks in the hospital and required multiple surgeries including pelvic reconstruction with hardware placement. He was unable to operate his landscaping business for over a year.
The trucking company initially denied liability, claiming their driver swerved to avoid debris on the road. They produced a witness who claimed to have seen an object in the roadway. Our investigation revealed that the truck driver had been operating on minimal sleep due to a demanding delivery schedule, but the trucking company had altered electronic logging records to conceal the Hours of Service violations. We also had to prove the extent of business income loss for our client's landscaping company, which had limited formal financial records.
Through forensic analysis of the truck's electronic systems, we uncovered the altered log records and proved the driver had been operating for 16 consecutive hours. We retained a trucking industry expert who testified that the company's safety protocols were grossly deficient. A forensic accountant reconstructed our client's business income using bank records, customer contracts, and tax returns. The case settled for $1.5 million during mediation, after we had filed a spoliation motion regarding the altered logs that threatened significant sanctions against the trucking company.
Past results do not guarantee future outcomes. Each case is unique and results vary based on specific facts and circumstances.
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