Wrongful Death & Trucking Liability

Scott Cummins served as co-counsel in a $10 million settlement against a trucking company whose driver negligently caused the death of a motorcyclist. The case hinged on aggravating circumstances uncovered during the lawsuit and evidence discovery. The driver had previously been fired by the same company for negligent driving, was later rehired, and, along with fellow employees, regularly participated in distracted driving photo contests behind the wheel.

Because the company carried only $4 million in insurance coverage, these facts were critical to establishing a basis for damages beyond the policy limit. On the eve of trial, the company agreed to a $10 million settlement, with $6 million paid directly out of the owners' pockets.

For the client, the motorcyclist's widow, that personal financial accountability was exactly the outcome she had sought to remind trucking companies to drive safely and protect motorcyclists and other drivers on the roads.