According to media reports, a personal injury victim and 83-year-old Luzerne County woman has settled her trucking accident case for $3 million.
She sued the trucking company and one of its drivers due to a March 2007. In the trucking accident she suffered serious personal injuries including a traumatic brain injury as well as several broken bones.
The personal injury victim was seeking compensatory as well as punitive damages and the trial judge had refused to dismiss her punitive damage claims. The trial judge had ruled that if the jury found the truck driver had ‘entered the intersection without braking and for an obvious red light, then the jury could on it could then go on to determine if the defendant had been recklessly indifferent to a very real danger to others in the area, which is the legal standard for punitive damages.
The extent of the personal injury victim’s brain injuries and the rulings by the judge were important factors in bringing about the settlement.










Federal Motor Carrier Safety Administration (FMCSA) Fails to Reduce Fatigue-Related Incidents Involving Large Trucks
Thursday, February 26th, 2009Anne McCartt, the Institute’s senior vice president for research, is quoted as saying “[t]he agency’s purpose isn’t to improve the profitability or the efficiency of the trucking industry. The mission is supposed to be truck safety, but you wouldn’t know it from what has been going on in recent years…”
There are over 5,000 deaths a year in truck related accidents. In 2005, one out of every five truckers surveyed reported driving more per day than before 2004. And, the percentage of truckers who reported falling asleep while driving increased from about 13% in 2003 to 21% in 2005.
What is needed and what the Insurance Institute for Highway Safety’s report calls for is a fundamental change in the direction of the FMCSA and US Department of Transportation. A change that reflects the mandate given to the Administration by Congress and a new focus on driver safety.
Tags: San Francisco Injury Attorney Comments on the FMCSA
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