Practice Area Category: Truck Accident
Attorneys Kenneth Rothweiler, Fred Eisenberg and Todd Schoenhaus settled a truck accident case for $9 million after two years of litigation and one mediation. The settlement was reached as a trial was set to begin. In this case, our client was a single mother whose car was struck in a head-on collision with a tractor trailer when the truck crossed the center line. The truck driver had a history of medical issues and safety violations, was overly fatigued, and should not have been permitted by his employer to operate a commercial vehicle. Our client suffered a traumatic brain injury, which the trucking company vigorously disputed, and broke multiple bones. She is permanently unable to work or care for herself. The $9 million settlement will help provide the care that she will need for the rest of her life.
A motorist suffered massive facial fractures, the loss of an eye and psychological problems when her car ran into a tractor-trailer that was blocking the highway. As the 40-foot-long tractor-trailer was backing into a parking lot, it blocked the westbound lane. The evening was dark and there were no streetlights. While Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., believed they had a strong case, uncertainty regarding the jurors’ potential view of the case facilitated the decision to go to arbitration. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., argued that the truck driver chose the least safe option for entering the parking lot. In addition, there were no spotters to warn oncoming traffic and no reflective tape on the sides of the vehicle. The lack of skid marks at the scene and other evidence suggested that the injured driver didn’t see the tractor-trailer. The arbitrator’s final judgment took into account the degree of responsibility held by each of the parties involved for the accident.