$4.3 Million to Driver Hit by an 18-Wheeler’s Oversized Load
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When Mike Jenkins was traveling I-26, he had no idea that a piece of on oversized load would come crashing through his windshield at 55mph, crushing his skull. He had no idea that the 18-wheeler driver would flee the scene, and no idea how he’d pay for his mounting medical bills. Luckily, Mike did have an idea about who to call – the Joye Law Firm. Our 18-wheeler attorneys helped Mike and get him $4.3 million for his injuries.
Mike Jenkins was traveling down Interstate 26 in rush hour traffic. Mike was following a tractor trailer carrying an oversized load. Unfortunately, the driver of the tractor trailer did not have an over-size permit for his load, and he was violating a number of South Carolina laws.
When the tractor trailer came to a highway overpass, the load, later identified as a manufacturing loom being shipped to Kentucky, hit the overpass. A piece of steel flew off of the trailer and crashed through Mike windshield at 55 miles per hour, crushing Mike skull. Mike After causing these horrible injuries, the driver of the tractor trailer stopped, unhooked his trailer, and fled the scene.
The family immediately hired the Joye Law Firm due to their concerns about protecting their rights. The firm quickly obtained a temporary restraining order, prohibiting anyone from moving the trailer, as it was crucial evidence in the case. A lawsuit was also filed against a number of trucking companies. Each of these companies denied any responsibility for the actions of the driver, claiming that he was not acting with their authority.
The Joye Law Firm aggressively pursued the case for over 3 ½ years.
The Joye Law Firm retained numerous experts during the case, including an accident investigator who immediately surveyed the scene, two trucking experts, a vocational counselor, a lifecare planner, and an economist. Mike’s treating physicians were also prepared to testify regarding Mike’s injuries.
During the course of discovery, the Joye Law Firm attorneys took over 30 depositions in nine different states. These depositions were necessary to establish which trucking companies were responsible for the actions of the driver. Three of these trucking companies delayed the case by filing for bankruptcy protection.
Despite these delays caused by the bankruptcy proceedings, the Joye Law Firm attorneys persevered in pursuing the case and bringing the matter towards closure. The attorneys also had to monitor criminal charges which were ultimately brought against the driver of the load.
The case was aggressively litigated due to the severity of Mike’s injuries. Motions for Summary Judgment were filed by at least four different defendants, and the Joye Law Firm successfully defended all summary judgment motions which were heard. The case was also mediated twice in an effort to bring resolution to the claim, and the Joye Law Firm attorneys were prepared to go to trial.
Three weeks before the trial was to take place, the Defendants made a joint offer, and the case was settled for $4,375,000.00. Some of the funds were used to purchase a structured settlement, which will provide Mike Jenkins with guaranteed income for many years in the future.