In 1992, DW's
leg was virtually ripped off when the tractor-trailer he was driving
on Interstate 10 at 2:00 in the morning slammed into the back of a log truck going
thirty miles per hour, without appropriate lighting. The investigating
trooper and DW's employer both told him the accident was his fault.
After all, they said, he had rear-ended the log truck. However,
DW's wife and mother-in-law just couldn't believe DW, an experienced
truck driver, would make that mistake. We began an investigation,
including some scene investigation, witness interviews and forensic
engineering. Ultimately we learned the log truck was operating
well below the minimum speed required by law. Additionally, the
log truck was operating with logs hanging eighteen feet over the
back obscuring any taillights, and did not have the proper lighting
required by the Florida Statutes to warn drivers of this dangerous
vehicle on the road in the middle of the night. Nevertheless, the
trucking company's insurer refused to settle, saying the accident
was DW's fault. In fact, they offered only $100.00 in settlement.
In the several
weeks before Christmas, 1996, we proceeded to trial in Jefferson County, Florida. Defense lawyers questioned DW
vigorously about his statements at the hospital, when he was under
heavy sedation, where he said he must have "blacked out." How
else could he have hit such a big object? However, our extensive
and careful pre-trial work paid off. We showed that the log truck
was over-loaded. In fact, in the two weeks prior to the trial the
same truck delivered numerous loads to a local pulp mill, every
one of which was significantly overweight. Together with the other
evidence, we were able to prove that the improperly lighted log
truck was the major cause of the wreck.
A Jefferson County jury returned a verdict of $1.6
million dollars in favor of DW and his wife. The verdict was affirmed
on appeal. DW and his family have since rebuilt their life and
overcome the amputation of DW's leg.
Automobile
Wreck
Defective Elevator Shaft
