A Confidential $18,000,000 Settlement Against Two Motor Carriers and Shipper in a Highway Shoulder Crash

Stephen M. Libman, a founder of the Burnes Libman Law Group and The Center for Trucking Safety in Chicago, Illinois, represented the family of a truck driver in this confidential settlement of $18M that was reached against two motor carriers and a shipper. One motor carrier came out of pocket $7M above their insurance coverage, the shipper paid $6.5M, and the second motor carrier paid an undisclosed amount.

The case involved the death of a 52-year-old mother/truck driver on the highway’s shoulder due to a mechanical breakdown. As she waited for her boss to send another truck to swap out with her disabled truck, another truck driver, nearing the end of his shift, fell asleep and drove onto the shoulder, crashing into the rear trailer. The truck exploding upon impact killed the plaintiff.

Each defendant argued that the other was at fault for the crash. Plaintiff’s employer argued that the driver who fell asleep and drove onto the shoulder was the sole proximate cause of the crash and that the chosen swap out was quicker than calling a tow truck. The shipper argued that the at-sleep driver and his employer were independent contractors and not responsible for the at-sleep driver’s negligence. The truck driver who fell asleep argued that the plaintiff failed to put out triangles even though their driver admitted seeing the plaintiff on the shoulder.

Over 31 lawyers from 8 different law firms from around the country defended the three defendants. Two defendants brought in all new trial teams three months before trial; however, all the lawyers could not change the facts of the case.