Experience

Trucking Accident

Location: Polk County, Florida

Plaintiff: Kendra Lymon
Defendant: Bynum Transport, Inc.
Amount: $65 million verdict
Alleged Injuries: Automobile negligence resulting in traumatic head and brain injuries

Description: The plaintiff, 21-year-old Kendra Lymon was driving through the intersection of State Road 17 and State Road 64 when a Bynum Transport, Inc. tractor-trailer approached the intersection of state roads 17 and 64. There was another tractor-trailer in the opposite turn lane, blocking the Bynum Transport Inc. driver’s view. The truck turned left anyway, and he plowed into Kendra’s car on the driver’s side, crushing it and sending it spinning off the highway. The driver claimed he had a green arrow allowing him to make the left hand turn, but eyewitnesses later stated that was false and that the plaintiff had a green light and was not speeding. 

Kendra had no pulse when emergency personnel arrived at the accident scene. The lack of oxygen to her brain caused parts of it to die, and she suffered brain damage. She was in a coma, and hospitalized for months. Today, she needs around-the-clock care and continued rehabilitation, including physical, occupational and speech therapy. Wilkes & McHugh represented the family and worked to ensure Kendra would receive the care she needs for the rest of her life. The verdict was affirmed on appeal.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Family burned in Arkansas trucking accident

Location: Prairie County, Arkansas

Plaintiff: Mark Rogers
Defendant: U.S. Xpress, Inc.
Amount: $10.3 million verdict, plus multiple other confidential settlements
Alleged Injuries: Direct negligence and vicarious liability, loss of consortium and negligent and intentional infliction of emotional distress after three of four members of a family suffered severe burns in a tractor-trailer accident

Description: Mark Rogers and his family were traveling through Arkansas while on vacation when their car was corralled by several tractor-trailers just outside Biscoe. One of the rigs ignited, and the fire spread, setting Rogers’ car on fire. His was the only door that would open, so the 34-year-old escaped and kicked in the windshield to rescue his wife, daughter and son. In total, six tractor-trailers were involved in the catastrophic accident that left three of the four Rogers family members severely burned. Mark Rogers suffered full thickness burns to more than 60 percent of his body, respiratory insufficiency, pancreatitis and acute renal failure and had to undergo multiple surgeries. 

Three of the tractor trailer drivers involved in the accident were cited for careless driving. They failed to stop for slowed traffic and caused the multi-vehicle collision that trapped the Rogers’ family car. All of the truck drivers violated Federal Motor Carrier Safety Regulations, including §392.14 requiring extreme caution and reduced speed when hazardous conditions exist. Wilkes & McHugh represented the Rogers family and took the case to trial, securing a verdict that would help cover the costs of their ongoing care.  

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Wife killed, husband injured in Mississippi trucking accident

Location: Desoto County, Mississippi

Plaintiff: A female driver
Defendant: A trucking company and driver
Amount:  Confidential settlement
Alleged Injuries:  Negligence, gross negligence, loss of spousal consortium and wrongful death after a couple was involved in a tractor-trailer crash that left the wife dead and the husband severely injured

Description: A couple married for nearly 60 years were traveling northbound on US 61 on their way to Memphis from a trip to Tunica, Miss., in December of 2014. The wife was driving while her husband was in the passenger seat.

Meanwhile, a tractor-trailer driver traveled on Stateline Road a few miles east of US 61 near Walls, Miss. There is a stop sign at the intersection of Stateline Road and US 61 that required the truck driver to stop his truck and yield the right-of-way to those vehicles traveling north and south on US 61. The driver proceeded to make a grossly negligent left turn at this stop sign. As a result, he blocked the roadway at night with his tractor trailer in a grossly negligent manner.

The married couple had no time to stop and slammed into the back driver’s side portion of the tractor trailer near the tires. The collision killed the wife and severely injured the husband.

The tractor-trailer continued to block US 61, and it did not have on any hazard lights, nor were there any emergency reflective devices placed near the tractor trailer to warn drivers of a stopped commercial vehicle in the roadway. In fact, witnesses recall approaching the cab of the tractor trailer only to find no driver inside the vehicle. Witnesses also state that the driver of the tractor trailer never rendered aid, nor did they ever see him call 911.

The defendants violated numerous Mississippi traffic statutes and Federal Motor Carrier Safety Regulations before, during and after the crash in this case.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Two tractor-trailers involved in crash that injures woman

Location: Crittenden County, Arkansas

Plaintiff: A female motorist
Defendant: A large trucking company
Amount: Confidential settlement 
Alleged Injuries: Negligence and vicarious liability that lead to a multi-vehicle accident and caused a woman severe injuries

Description:  The defendant was driving a tractor-trailer on I-55 in Memphis, Tenn., heading north toward Arkansas. He was in the right lane and tried to move into the left lane when he hit another driver, who then struck the retaining wall. The defendant crossed the bridge and pulled over to the side of the road, while the other driver’s car was disabled in the left lane.

Meanwhile, the victim was traveling that same route in the right lane behind another tractor-trailer.  Both were heading into Arkansas, crossing the Mississippi River on I-55 north.  The victim proceeded to enter the left lane, while the tractor-trailer remained in the right lane of the interstate. Once on the bridge, the victim collided with the disabled car in the left lane. The violent impact caused her to ricochet to the right lane where she struck the tractor-trailer. The victim's Honda spun around and slammed into the retaining wall before skidding back to the right lane.

The victim suffered a fracture to her left femur and underwent surgery to have a metal rod and screws placed in her leg. After surgery, she developed anemia that required a blood transfusion; developed hypoxemia (low blood oxygen); developed a fat emboli, which is a potentially life-threatening condition caused by globules of fat released by the bone that travel to the brain or lungs; became tachycardic and required oxygen for two days; and was placed on heavy narcotics, including Dilaudid and oxycodone, for pain and when that was not sufficient she was given Morphine injections.  She had extensive medical bills and missed six weeks of work.

The defendant driver was negligent, made poor decisions, and started the sequence of events that put the victim and other drivers in danger that day. Arkansas State Police cited the defendant driver for an improper lane change in causing the accident, and a trucking expert determined that the defendant's reckless move was the catalyst for the victim’s crash.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Plaintiffs suffer permanent injuries in Arkansas tractor-trailer crash

Location: Sharp County, Arkansas

Plaintiff: Two sawmill workers
Defendant: Trucking company and driver
Amount: Confidential settlement
Alleged Injuries:  Negligence and vicarious liability in a tractor-trailer accident that left two men with multiple, severe injuries

Description:  In February 2009, two coworkers were passengers in a pickup truck heading back to work at a sawmill just after lunch. A tractor-trailer driver was heading in the opposite direction on that same road. Both vehicles were approaching a sharp, dangerous curve known for accidents.

The truck driver sped around the curve, causing his trailer full of coal to break free, crash to its side and careen into oncoming traffic. Another car in front of the pickup truck had to swerve off the road to avoid being plowed by the runaway trailer, but the driver of the pickup truck did not have time to react. He and his passengers had to be rescued with the Jaws of Life and taken to the hospital. 

Passenger 1 suffered multiple fractures. He had surgery on his hip and had to use a wheelchair for more than five months. He can walk, but with significant pain. The limitations imposed by his injuries make it nearly impossible for him to find full-time, competitive work.

Passenger 2 injured his leg and needed surgery, as well as skin grafts and wound treatment. He now walks with a cane. Before the accident, he enjoyed hiking, rappelling, fishing and hunting, but he is unable to do any of that now. His difficulty walking long distances or standing for long periods without the cane prevent him from returning to the work he used to do.

Our investigation determined that the truck driver was dismissed from his previous job and not eligible for rehire. When he applied for a job with the new company, they ignored that and hired the driver based on an off-the-record comment that he was a “good guy.” The driver failed to disclose previous accidents when he applied for a job.  He did not accurately log his hours of driving, as required by federal law, and was not properly trained by the trucking company.

The driver and the company exhibited a reckless disregard for Department of Transportation regulations, as well as their own company safety policy. Their actions reflected a complete indifference to the safety of the victims, leaving the plaintiffs with permanent injuries.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Three brothers killed in trucking accident in Arkansas

Location: Prairie County, Arkansas

Plaintiff: Three brothers 
Defendant: Trucking company
Amount: Confidential settlement
Alleged Injuries: Negligence in a tractor-trailer accident that left three brothers dead

Description: Three brothers were killed by a driver who never should have been on the road. They were stuck in traffic that had come to a standstill because of road construction. They were unaware that as they sat stopped behind a double-trailer FedEx truck, another tractor-trailer was barreling toward them. Its driver, a man with a driving record littered with violations, had fallen asleep at the wheel. He never even braked.

The impact slammed the SUV into the FedEx trailer in front of it, ripping that truck’s trailer open and sending its contents flying all over the road. The man driving the tractor-trailer walked away from the crash; the men in the SUV never had a chance.

The driver had six recent driving violations and had his commercial driver’s license revoked in Tennessee because of multiple traffic citations. Despite his horrible driving record, he was hired anyway and pushed to “make time.” Evidence uncovered by our team showed that the trucking company had not only encouraged him to push his limits, they had not installed common technology to record drivers’ performance and sound alarms when they drive dangerously.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

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