$3,300,000 Settlement: Driver Injured When a Tractor Trailer Struck Their Vehicle

$3,300,000 settlement after summary judgment on liability. Truck Accident | Tractor Trailer | Surgery | Summary Judgment on Liability

What happened

Our client's vehicle was struck by a tractor trailer. The impact caused injuries that required surgery.

Building the case

As with all of our cases, we moved this one aggressively. We took the depositions of our client, the defendants involved, and an eyewitness who confirmed how the crash happened.

At the first available opportunity, we moved for summary judgment on liability, and the court granted it. Because the defendants were private entities, that ruling started interest running at 9% a year on our client's damages. New York has since changed the rules on interest in motor vehicle cases in Governor Hochul's most recent budget, but this case predated that change, and we used the liability ruling to our client's advantage.

Our client was seen by a life care planner, and we retained an economic expert to project our client's economic losses and future medical care needs.

The result

With summary judgment on liability in hand and the pressure it put on the defendants, the case settled for $3,300,000, a huge result for a deserving client.

Why truck cases are different

Truck accidents are not like ordinary car-on-car accidents, and they call for a lawyer who knows the difference.

• Federal rules may apply. If a truck travels across state lines, it is an interstate carrier, and the Federal Motor Carrier Safety Regulations (FMCSR), enforced by the Federal Motor Carrier Safety Administration (FMCSA), come into play. Then not only New York's Vehicle and Traffic Law applies, but also the commercial driver's license (CDL) rules and the federal safety regulations.
• Or they may not. If the truck operates only within New York, it is an intrastate carrier, and a different set of rules applies, primarily New York's.
• There can be several defendants. The tractor may be owned by one company and driven by another, such as an independent contractor working for the owner, while hauling a trailer for a completely different company. That can mean three, four or even five defendants, each of which, you would hope, carries its own insurance.

In this case, our investigation was relentless. We used discovery motions when we needed them to force the defendants to hand over the bills of lading, the lease agreements, and the registrations for the tractor and the trailer. We took an in-depth deposition of the driver: where he picked up the load, where he was coming from and where he was going, what GPS device he was using, who controlled it, and who was overseeing his route and how long it was taking.

That comprehensive investigation, litigation and discovery is what set the case up for summary judgment on liability and gave our client every chance of success, and ultimately a great settlement.

That's not luck. That's MooreJustice.

Watch: 4 times the insurance policy limit

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Hurt in a truck accident in New York? Learn more about New York truck accident claims, read our guide to your rights after a trucking accident, or see the case result.

Attorney Advertising. Prior results do not guarantee a similar outcome. This page describes a past matter for general information and is not legal advice.