A $4 million settlement was obtained by The Ammons Law Firm in a negligence case against Borden Dairy Company on behalf of a 29-year-old Houston wrecker driver who sustained a traumatic brain injury when he was struck by a tractor-trailer.
The man had pulled his wrecker onto a Texas highway’s shoulder behind a disabled vehicle and was helping its driver with a flat tire when a Freightliner operated by a Borden driver left its lane of travel, entered the shoulder and struck the man as well as two parked vehicles. The Freightliner’s driver said he was reaching for a package of sunflower seeds in his rig immediately before the crash.
In the lawsuit Ammons filed on the injured wrecker driver’s behalf, it was alleged that commercial truck drivers are held to a high standard of care and that the Borden driver had violated that standard. Ammons contended that the Freightliner’s driver was distracted from and inattentive to his driving as he reached for the sunflower seeds, leading to his negligent failure to drive in a single lane that caused the accident. According to the lawsuit, because the driver was working for Borden at the time of the collision, his employer is vicariously liable for his negligence. Additionally, it was alleged in the lawsuit that Borden negligently entrusted the Freightliner to the driver who had a history of safety violations and inattentive driving.
The Ammons Law Firm is located in Houston, Texas and practices personal injury law, including cases involving tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, seatback defects, air bag defects, SUV rollovers and workplace negligence.