$5,535,000 settlement – fatigued big rig truck driver blocks dangerous intersection
A big rig truck driver had driven across the U.S. without taking the necessary rest and sleep breaks required by the Federal Motor Carrier Safety Act. He arrived at the intersection of 11th Street and Lammers Road in Tracy, CA. in the early morning hours when it was dark. The intersection was controlled by stop signs on Lammers Road and there were no street lights. The fatigued driver pulled out to cross 11th Street in front of a pick up truck that was too close to be able to stop and a collision occurred. Three cement construction workers were in the pick up truck on their way to work. The driver was killed and the right front seat passenger suffered a traumatic brain injury in the collision. We represented the family of the deceased driver and the brain injured passenger. The case went to trial in Stockton, CA against the truck driver, the owner of the trailer and the company shipping the load. The City of Tracy and County of San Joaquin paid $2,250,000 before trial to settle the case against them for creating a dangerous intersection. A mistrial occurred after 6 weeks of trial and the case then settled for $3,285,000 against the truck driver and shipping company. The total settlement was $5,535,000.