Wednesday, January 6, 2016

Lawyer at Copley Roth and Wilson gets largest Truck accident settlement in Missouri in 2015.

The widow of a 64-year-old man who died in a truck collision settled a wrongful death suit for $11.6 million, according to her attorneys. The collision occurred on a Missouri interstate highway near a construction zone where traffic had slowed due to congestion, said Jason P. Roth of Copley Roth & Wilson in Overland Park, Kansas. The truck driver collided with the rear of the decedent’s vehicle at highway speed, with no evidence of braking or any evasive maneuver, the plaintiff alleged.

Extensive discovery revealed the truck driver was recently promoted to a salaried office position where he was not regularly driving a truck, Roth said. Under federal regulations, a driver of a truck cannot drive after working in any capacity for 70 hours in a period of eight consecutive days without 34 hours off duty. The plaintiff alleged that at the time of the collision the driver had been on duty for more than 70 hours.

The plaintiff also raised concerns regarding the truck driver’s physical qualifications to drive a truck. The truck driver weighed more than 400 pounds, and discovery in the case revealed the driver had been found at risk for sleep apnea but the company failed to follow up on the numerous warning signs regarding the driver’s physical qualifications, Roth said.  Roth said that with the history of excessive daytime sleepiness, likelihood of untreated sleep apnea, and driving a truck in excess of his allowable hours of service, the truck driver likely fell asleep at the wheel.

Shortly before the scheduled depositions of the trucking company’s experts, the company agreed to settle for $11.6 million. The trucking company also indicated it would discontinue its practice of using salaried office workers to intermittently drive trucks and re-evaluate its program regarding driver health and physical qualifications, Roth said.



An attorney for the defendant declined to comment.

14 comments:

  1. This comment has been removed by a blog administrator.

    ReplyDelete
  2. This comment has been removed by a blog administrator.

    ReplyDelete
  3. This comment has been removed by a blog administrator.

    ReplyDelete
  4. I am happy to find this post Very useful for me, as it contains lot of information. I Always prefer to read The Quality and glad I found this thing in you post. Thanks alimony health insurance

    ReplyDelete
  5. Thanks for taking the time to discuss this, I feel strongly that love and read more on this topic. If possible, such as gain knowledge, would you mind updating your blog with additional information? It is very useful for me. lemon law lawyer california

    ReplyDelete
  6. Fantastic blog! Do you have any tips and hints for aspiring writers? I’m planning to start my own website soon but I’m a little lost on everything. Would you propose starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m completely overwhelmed .. Any suggestions? Many thanks! Warnings Expert Witness

    ReplyDelete
  7. It was wondering if I could use this write-up on my other website, I will link it back to your website though.Great Thanks. work injury attorney Raleigh NC

    ReplyDelete
  8. This is very interesting content! I have thoroughly enjoyed reading your points and have come to the conclusion that you are right about many of them. You are great. product warning

    ReplyDelete
  9. This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. houstoncriminallawyer.com

    ReplyDelete
  10. I read that Post and got it fine and informative.
    עורךדיןתעבורה

    ReplyDelete
  11. Thanks for the blog loaded with so many information. Stopping by your blog helped me to get what I was looking for. houston dwi attorney

    ReplyDelete
  12. Hi, I find reading this article a joy. It is extremely helpful and interesting and very much looking forward to reading more of your work.. click reference

    ReplyDelete
  13. I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! product warning

    ReplyDelete