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Atlanta Personal Injury Lawyers > Results > Wrongful Death > 9,000,000 Tractor Trailer Settlement

9,000,000 Tractor Trailer Settlement

We obtained a confidential pre-trial Settlement of approximately $9,000,000 in a tragic tractor-trailer wrongful death case.

A part-time driver for a small trucking company was killed when the load he was carrying – steel I-beams-dislodged and intruded into the cab of the tractor as he came to a stop i routine traffic. The driver died when the beams pinned the driver against the steering wheel.  

For two years the trucking company and its insurer only offered $100,000. They vehemently claimed the driver was a full-time employee and the trucking company was immune from liability based on the Worker’s Compensation exclusive remedy doctrine.   

They also claimed the tragic incident was the fault of the truck driver because he failed to secure the load with plastic edge protectors designed to prevent the fabric straps from being severed.  

Throughout the litigation, we discovered several critical pieces of evidence which proved both of these defenses were without merit.

We discovered the trucking company submitted documents to the federal government claiming the driver was an independent contractor, not an employee. We scoured county records and found occupational tax records demonstrating the trucking company also represented to the local county that it had no part-time employees.

Through legal research, we found a little known regulation requiring any trucking company shipping beams to install a headache rack on the tractor or trailer to prevent cargo from intruding into the cab.  

After securing this evidence, the insurance company offered 90 times its original offer and the case settled for just under $9,000,000.

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