Truck Driver and Employer Pay $2.5 million in Collision with Pedestrian

Settlement Amount: $2.5 million

Participating Attorneys: James A. Roberts, III and Matthew D. Quinn

Lewis & Roberts just confidentially settled a tragic case involving a client who was an avid walker.  One morning before work, the client was walking on or near the edge of a roadway when he was hit in the back by a box truck traveling approximately 35 mph.  The client was thrown 34 feet and 9 inches from the point of impact and came to rest just off the side of the road.  The client was transported by ambulance to a nearby hospital, where he remained in-patient for several weeks.  Unfortunately, the client suffered several debilitating and permanent injuries.  

The defendants in the resulting civil action were the driver of the box truck and his employer.  Shortly after the collision, the box truck driver informed an investigating law enforcement officer that he was rubbing his eyes and never saw the client.  However, the defendants contested liability and argued that our client caused the accident—i.e., the doctrine of “contributory negligence”—by walking with his back to traffic during the dark at approximately 6:00 am.  Moreover, some evidence suggested that the client may have been in the roadway at the time of the collision.    

In response to the defendants’ arguments, Lewis & Roberts retained an accident reconstructionist and was able to prove that the defendant-driver had the “last clear chance” of avoiding the collision because, assuming the defendant-driver was traveling within the posted speed limit and paying attention, the defendant-driver would have been able to see, appreciate, react to and avoid the client.  The last clear chance argument was further strengthened when, after serving subpoenas, Lewis & Roberts was able to uncover photographs taken by law enforcement showing that the client was carrying a flashlight at the time of the collision.  In fact, the investigating officer eventually disclosed that, shortly after the incident, he performed an informal reconstruction and concluded that the defendant-driver should have been able to see the client even though the client was walking along the wrong side of the road and may have actually been in the road.

As a result of the collision, the client underwent substantial physical therapy and multiple surgical procedures.  Tragically, the client will permanently struggle to ambulate.  Lewis & Roberts retained a life-care planner and economist to assist with proof of these and other damages.

Given the contributory negligence arguments mounted by defendants, this was an extremely difficult and hard-fought case, and the sagacity of Lewis & Roberts’s hiring an accident reconstructionist and developing a last clear chance argument was able to achieve an excellent result for the client.