In the winter of 2020, a 23-year-old college student was traveling through South Carolina as he made his way home for a well-deserved winter break. He was just a few months shy of earning his degree, with plans of pursuing finance after graduation. His bright future was suddenly disrupted when he became the victim of a catastrophic rear-end collision. Instead of a cap and gown, he was fitted for a hospital gown.
Pinned Between Two Commercial Vehicles
Actual photograph from the crash site.
While traveling through a marked construction zone on an Interstate, our client responsibly came to a stop in response to slowed traffic. After coming to a halt, he glanced in his rearview mirror and saw something terrifying: a pickup truck with a fully loaded auto hauler trailer barreling toward him, showing no indication of slowing down. With no time to move and nowhere to go to avoid the impact, he did the only thing he could: brace himself for what was about to happen. In a split second, the truck slammed into our client’s SUV at almost full speed, crushing it with such force that it was wedged underneath the tractor-trailer in front of him. The student was trapped in a nightmare of twisted metal and shattered glass. It was a miracle he survived.
This case was led by Attorney Melissa Mosier, a seasoned litigator known for her fearless approach toward complex trucking cases, tackling challenges with a boldness that others often avoid. She was assisted by Litigation Case Manager Alicia Parler, whose attention to detail and organizational expertise were instrumental in managing the extensive documentation and coordination required in a case of this magnitude.
Severe Injuries, Long-Term Impact
When emergency responders arrived on the scene, our client was pinned under the trailer of the 18-wheeler in front of his vehicle. Trapped and in excruciating pain, he remained conscious as rescue crews worked to lift the heavy trailer and free him from the wreckage. Every moment was filled with fear and uncertainty as he agonized over the extent of his injuries and gradually lost feeling in his right leg. Once he was freed, he was transported immediately to the nearest hospital. He sustained numerous serious injuries, including a compound fracture in his right leg, a torn left knee, and lacerations all over his face and body. Over the next three years, he endured several major procedures, including the installation and replacement of hardware in his right leg.
Though his recovery was remarkable in many ways, it was only the beginning of the impact the truck wreck had on his life. Not only was he introduced to a lifetime of medical considerations, but he also experienced a delayed graduation and a delayed start to the once-promising career he had been working so hard to pursue. Despite everything, he remained hopeful, and because hope is not a strategy, we went right to work.
The Legal Maze: Exposing a System of Fraud and Accountability Avoidance
This case was far from straightforward. In fact, it was a textbook example of how some trucking operations exploit loopholes, shuffle liability, and dodge responsibility after a serious accident.
At first glance, it appeared to be a rear-end collision caused by a distracted driver driving a pickup truck with cars on the back – Mosier’s experience handling commercial vehicle cases zoned her in that this pickup truck driver should have had a CDL, but didn’t. As Mosier began her investigation, the layers started to unravel even more. She uncovered a dangerous network of fraudulent activity, illegal brokering, and insurance evasion.
The driver who hit our client was a photographer who had taken up driving a truck to deliver vehicles as a side job during the pandemic. What he lacked, however, was the proper qualifications for the truck he was operating. After taking on the case, Attorney Mosier focused on discovering the full extent of the negligence. After using a Freedom of Information Act (FOIA) request to receive all of the official documentation, she located the trailer involved in the incident and hired a transportation expert to analyze the Bills of Lading (BOL) and calculate the truck’s gross weight. The results confirmed what Mosier already suspected. The at-fault vehicle exceeded 26,000 pounds, clearly meeting the threshold for a CDL-classified commercial vehicle. That meant the vehicle was legally required to be operated by someone with a Commercial Driver’s License (CDL). The at-fault driver had no CDL, no experience, and no business being behind the wheel.
Trucking Companies Passing the Buck
Mosier got to work on unraveling the twisted web of trucking companies involved in order to determine liability. The original trucking company that accepted the transport job had a poor safety record and a troubling history with the Federal Motor Carrier Safety Administration. They had subcontracted the work to another carrier. Then a third company, with no authority with the DOT whatsoever, hired the at-fault driver.
The defense teams for these companies pointed the finger at the others and tried to avoid responsibility. They argued:
- The truck wasn’t a scheduled vehicle, meaning it wasn’t listed on the company’s insurance policy.
- The driver didn’t need a Commercial Driver’s License.
- The company that owned the truck did not directly hire him – the staffing agency did
- The injured plaintiff cannot recover from more than one motor carrier.
Through subpoenas of banking records, attorney Mosier proved that the driver was paid directly by the company that owned the vehicle he drove, even though he was hired by a third company. This evidence further demonstrated that the original company violated federal regulations around broker registration – the first company accepted the load as a motor carrier, but illegally brokered it out.
According to federal regulations, the company he drove for was still responsible, regardless of whether the driver was “officially” listed on a policy or not. This wasn’t just a bad hire; this was negligence in one of the highest forms.
“When a driver signs off on a bill of lading to pick up your load, buckle up, he’s yours,” Mosier said, in arguing for statutory employment liability.
A Rare Victory in Trucking Litigation
This was a true trucking case, and an unusually complex one. In a highly uncommon outcome, Mosier successfully held multiple motor carriers accountable for a single crash, resulting in a combined settlement of $1.245 million. $245,000 from the original company that hired and provided the driver, an additional $443,000 from the second carrier that owned the truck, and $557,000 from the third company he was actually driving for at the time of the crash.
The Importance of Tenacity and The Right Legal Team
The trucking industry operates under layers of regulations and inter-company agreements. When a crash happens, companies often scramble to obscure who is at fault by shuffling liability, shutting down operations, and reopening under new names to avoid accountability and protect their assets. That’s why choosing an attorney who understands the federal statutes, insurance requirements, and DOT standards is critical.
Justice Delivered
What began as a routine holiday drive home turned into a years-long battle against companies operating in the shadows of trucking regulation. With commitment and expertise, Mosier uncovered the truth. Delivering our client the justice and compensation he deserved.
If you or a loved one has been seriously injured in a crash involving a commercial vehicle, you need a legal team with the experience, grit, and resources to take on the most complex cases. Just Call Joye Law Firm today for a free consultation. We’ll fight to uncover the truth, hold all responsible parties accountable, and secure the justice you deserve.
Disclaimer: Past results do not guarantee future outcomes.
