Trucking Accident Award Secured for Victim
September 2002

The victim, our client, was a passenger in his brother's car that was involved in a severe accident. A moving truck backed out of a driveway in front of the automobile in which our client was riding as a passenger. The moving truck was classified as a commercial motor vehicle, which fell within the rules and regulations of the Federal Motor Carrier Safety Act. The driver swerved off the road to miss the commercial truck and flipped. Our client was ejected from the automobile and suffered a basilar skull fracture and severed six of the cranial nerves on the right side of his skull. The cranial nerves are the only nerves which run directly from the brain. All other nerves in the body run from the spinal cord. The cranial nerves control all facial movement, tear production, throat movement and swallowing, and speech function. As a result of the severe injuries suffered in the accident, the left side of his face was paralyzed, and he was no longer able to blink his left eye. Neither of his eyes can produce tears and he will be required to use artificial tears at least once an hour for the rest of his life. His speech was impaired, and his ability to swallow was severely impaired. He suffers constant pain to the left side of his face, even though his ability to move the muscles on the left side of his face was permanently paralyzed. He had permanent impairment to his ability to hear and suffered traumatic brain injury as well. As a result of his injuries and impairments, our client underwent multiple surgical procedures, which resulted in extremely high medical bills. His injuries will require additional medical care for the rest of his life. He was rendered permanently and totally disabled as the result of this accident. He was an electrician with two children at the time of the accident.

The victim of this automobile accident and his family contacted our firm to ensure that his family would have support and that his medical bills would be paid. Initially, the claim was denied by the insurance company that covered the commercial motor vehicle that had backed out from a driveway in front of the vehicle in which our client was a passenger. Suit was filed and as the case went through the discovery process, pending trial, it was discovered that the commercial motor vehicle (a moving truck) had hired an employee as a packer, as opposed to a driver, and then sent the employee to drive the moving truck into South Carolina from another state. The federal Motor Carrier Safety Regulations, which call for proper qualification of drivers, had not been complied with by the moving company. These regulations require written tests, road tests, reference checks, and medical certificates for all commercial motor vehicle drivers engaged in interstate commerce. The federal Motor Carrier Safety Regulations were designed to protect the motoring public by ensuring that all drivers of commercial motor vehicles are required to meet minimum standards of safety and competence in light of the size and weight of the motor vehicles that they drive.

To prove our liability case and determine the amount of our client's economic damages, Attorneys, Lee, Eadon, Isgett and Popwell employed various expert witnesses. An expert in trucking regulations was hired to explain how the moving company had violated federal regulations by using an unqualified driver. To prove that our client could no longer work, we hired a vocational consultant who determined after reviewing the voluminous medical records, that the victim was totally disabled. Additionally, an economist was hired to prove the amount of money our client would have earned over his lifetime if he had not been injured.

As a result of this effort and the information discovered during litigation, we were successful in recovering monetary damages for our client by way of a settlement. As a result, our client was compensated in an amount sufficient to reimburse him and his family for the medical expenses incurred and compensates him for the loss of his income over his working life and for the pain and suffering he will have to endure for the rest of his life.

If you desire additional information concerning an automobile or trucking accident that you, a family member, or a friend has been involved in, contact Attorneys Lee, Eadon, Isgett, and Popwell, P.A. at 803-799-9811 or (toll-free) 1-800-882-0742 or e-mail us at info@leiplaw.com.