Trucking accidents can have devastating consequences, and determining liability is often a complex legal challenge. While the trucking industry is subject to strict regulations, when these rules are violated, the outcome can be catastrophic. In this case, despite numerous legal hurdles, our team was committed to holding the negligent parties accountable for the damage they caused.
On St. Patrick’s Day, Alan Jenkins (the client’s name has been changed for confidentiality reasons) was traveling home from work on Interstate 26 in rush hour traffic. It was just like any other day. Mr. Jenkins had no idea the tractor-trailer he was following was carrying a dangerously oversized load that would set off a chain reaction changing his life in an instant.
The truck was hauling a manufacturing loom shipped from Europe to Charleston by freighter and processed through the Charleston Naval Shipyard. From there, it was loaded onto a trailer scheduled to be transported via interstate to Kentucky. However, several fateful decisions ensured the trip would end in disaster.
By the time the truck left the yard, the load was already violating several South Carolina laws. The height of the trailer was more than 13 feet 6 inches and the driver did not have an over-size permit for his load. As this ticking time bomb headed toward I-26, Mr. Jenkins was clocking out of work across town. He was oblivious to the dangers that awaited him on his commute home.
Oversized Load Strikes Overpass Hurling Debris
As the 18-wheeler barreled down the highway, its driver seemed unaware that his load was too tall to clear an upcoming overpass safely.
When the trailer passed under the overpass, its load hit the barrier. In a scene that could have been ripped from a Hollywood disaster movie, the force of the crash sent concrete, wood, metal, and other debris flying in all directions. As Mr. Jenkins watched the carnage unfolding in front of him, a piece of iron from the trailer flew through his windshield at 55 mph. The projectile fractured his skull in several places and caused a severe brain injury. Mr. Jenkins was rushed into surgery and needed steel plates and silicone implants to repair the gaping damage to his head.
What the truck driver did after the crash was even more shocking. Rather than stopping to render aid to his victim, the driver simply unhitched the trailer and fled the scene of the incident. Thankfully, justice prevailed when the driver was located by police and criminally charged for his egregious behavior.
Legal Battle Ensues to Determine Liability and Damages
Overwhelmed by what happened to their loved one and scared for their future, Mr. Jenkins’ family hired the Joye Law Firm. Joye immediately sprung into action filed a lawsuit and obtained a temporary restraining order to prohibit anyone from moving the trailer, which was now crucial evidence in the case.
While the facts seemed clear, the case was anything but simple. That’s because it involved complex federal regulatory issues in addition to South Carolina statutory and common law. To prevail, several Joye attorneys worked around the clock. Attorney Mark Joye focused on establishing how significant his client’s damages were. Mark retained experts to testify regarding Mr. Jenkins’ vocational abilities, economic damages, and current and future medical needs. Mark also retained an expert to testify regarding the applicable trucking rules and regulations, as well as regarding the proper way to broker such a load.
The Joye Law Firm legal team traveled to nine different states to take over 30 depositions and track down evidence in the case. Thousands of pages of materials were reviewed, and an extensive investigation was conducted into the activities of the defendant trucking companies. In another hurdle, three of the trucking companies filed for bankruptcy protection, significantly delaying the case’s resolution.
Finally, after three and a half years of aggressive legal wrangling, Joye Law Firm successfully resolved the claim.
Settlement Secures Justice and Financial Stability for the Victim
With just three weeks left before the trial was to take place, the Defendants caved. They made a joint offer and agreed to settle the case for $4,375,000.00. Some of the funds were used to purchase a structured settlement, which provided Mr. and Mrs. Jenkins with guaranteed income for many years in the future. “We recognize that most truckers do a great job, and our standard of living depends on them,” said Reese Joye, the firm’s founder who worked on the case before his passing. “Unfortunately, like all professions, there are some renegades, and our client had the misfortune of being behind one. Our client could never be made whole because of the injuries that he has. However, I am pleased that we were able to obtain a result that will help him weather this tragic accident from a financial standpoint.”
If you or a loved one has been injured in a trucking accident, don’t hesitate to contact Joye Law Firm. Our experienced team will fight to get you the compensation and justice you deserve. Contact us today for a free consultation.
Disclaimer: Past results do not guarantee future outcomes.
