18-Wheeler Accident – Speeding With Bad Brakes

FACTS & ALLEGATIONS:

Plaintiff Peggy Doe, 51, unemployed, was involved in a motor vehicle accident on Aug. 22, 2002, on SH 321 in Liberty County, Texas.  Doe, driving an Oldsmobile Cutlass, slowed down and came to a stop, intending to turn left into a driveway.  A tractor-trailer owned by La Gloria Oil and Gas and driven by Curtis Walton approached from behind, braked, and struck the Oldsmobile.

Doe sued La Gloria Oil and Gas Co. of Pasadena and Walton for negligence, alleging that Walton was driving too fast, was not paying attention and took faulty evasive action.  According to plaintiff’s counsel, Walton was cited for speeding by the DPS trooper who investigated.  Doe also argued that the tractor-trailer’s brakes were not working properly.   Doe asserted that La Gloria was liable for Walton’s negligence as he was acting within the course and scope of his employment at the time of the accident.

The defendants claimed that Doe bore responsibility for the accident, arguing that she had suddenly stopped in the road, failed to signal her intentions and failed to properly look out for traffic.  They further maintained that the brake lights on Doe’s vehicle were not working at the time of the accident.
INJURIES/DAMAGES
Doe sustained a crushed right ankle which required surgery; a fracture of the seventh vertebra in her neck; a fractured collarbone; a fractured sternum; three fractured ribs on her left side and one on her right; a blood clot in her right leg; and hematoma. She incurred approximately $120,000 in past medical expenses.

RESULT: The case settled for $1,210,000 with $605,000 net to client in mediation.

If you or a loved one has been injured due to the negligence of others, contact the Houston trucking accident attorneys at The Ammons Law Firm today for a free consultation.

Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons’ law practice, The Ammons Law Firm, is located in Houston, Texas. The Ammons Law Firm practice is exclusively personal injury law, handling such cases as tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers, and workplace negligence.