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Jacksonville Personal Injury Attorney > Blog > Truck Accidents > Plaintiff Seeks $70 Million After Rear-End Collision With Semi-Truck

Plaintiff Seeks $70 Million After Rear-End Collision With Semi-Truck

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If you’ve done any sort of research on truck accident lawsuits, you’ll note that the vast majority of them involve allegations of rear-end collisions. In the majority of cases, the driver of the semi-truck fails to stop in time for stopped or stalled traffic and ends up rear-ending one or more cars, causing severe injury or death.

That was the case with a recent lawsuit argued before a California jury. According to the lawsuit, the plaintiff alleged that she sustained serious injuries after a tractor-trailer rear-ended the back of her minivan. The trial was covered by CVN.

The plaintiff, in this case, sued a food distribution company named Services Group of America Inc. after one of their trucks rear-ended her minivan in 2016. According to her attorneys, a “distracted and overworked” driver struck her vehicle while she was stopped and waiting to make a left-hand turn. The defense contends that she “stopped suddenly” in front of the truck driver, causing the accident herself. This is not an uncommon tactic in personal injury trials. Defendants will often blame the victim for causing their own injuries.

Injuries 

The plaintiff asked the jury to award between $48.5 million and $72.75 million to compensate the victim for several neck and back surgeries and a serious traumatic brain injury. The defense argued that the victim suffered far less severe injuries as a result of the accident that they characterized as a “simple, low-speed collision.”

The plaintiff’s attorney told the jury that his client suffered years with numerous neck and back injuries and used conservative treatments in an attempt to avoid surgery. Ultimately, she had to undergo numerous complex spinal surgeries and have a spinal stimulator installed in her body.

In addition, the plaintiff’s attorneys stressed the impact that her concussion had. According to the lawsuit, the plaintiff suffered migraines, vision problems, and emotional dysregulation that ultimately caused her marriage to fail.

Whose fault was the accident? 

The trial must focus on two elements. The first element involves establishing negligence. The plaintiff wants to argue that the accident was entirely the fault of the truck driver. The defense maintains that the plaintiff is at least somewhat responsible for the accident since she “suddenly stopped” in front of the truck. The plaintiff’s attorney pointed out that the truck driver made no mention of the plaintiff “suddenly stopping” in an initial police report, and that was added later in company reports addressing the accident.

According to the plaintiff, the truck driver was “fatigued and overworked” while finishing out the last delivery on his shift. This is a common argument in a truck accident lawsuit. The plaintiff will allege that the truck driver is “overworked” or “tired,” and this resulted in an avoidable accident. Truck drivers are required to take periodic breaks after several hours of driving. Plaintiffs can use their hours of service logs against them in court.

Talk to a Jacksonville, Florida, Truck Accident Attorney Today 

Injured by a commercial truck driver? The Jacksonville truck accident attorneys at Gillette Law represent the interests of plaintiffs in traffic accident lawsuits. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.

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