Case at a glance
- Recovery: Confidential Settlement
- Practice: Truck accident lawyers, Wrongful death lawyers, Fatal truck accidents
- Representation: Vuk Vujasinovic and VB Attorneys.
A fatal collision near Rosenberg
A farmer drove his pickup along the U.S. Highway 59 service road near Spur 10 in Rosenberg, Texas. A D&C Trucking tractor-trailer collided with his pickup. The farmer died from the impact.
The crash occurred on January 6, 2005. The truck driver was performing his job duties for D&C Trucking. The farmer’s five adult children later hired Vuk to pursue a wrongful death case against the truck driver and the trucking company’s owner, David Nieto. They sought compensation for their mental anguish and the loss of their father’s companionship.
A dispute over the turn and the yield sign
The defense placed all responsibility on the farmer. It argued that he failed to yield the right-of-way and caused the collision.
The family’s accident reconstruction expert reached a different conclusion about the truck driver’s conduct. The expert concluded that the tractor-trailer driver did not activate his turn signal before attempting to enter the highway.
The reconstruction also examined what the farmer could see as he approached. According to the expert, the roadway’s confusing design, the position of the yield sign and sunlight affecting visibility could explain why the farmer did not see the sign clearly. Those findings gave the family a basis to challenge the claim that the farmer alone caused the crash.
Missing trucking records
The family’s case also addressed records that D&C Trucking failed to preserve. The missing material included the driver’s logs and qualification documents.
The legal team filed motions alleging spoliation, or the failure to retain evidence relevant to the lawsuit. The record-preservation issue formed a separate part of the case alongside the reconstruction evidence and the parties’ competing accounts of the collision.
A confidential settlement for the family
The parties reached a confidential settlement resolving the surviving children’s wrongful death claims.
Questions about the case
Related legal help
A serious crash can change your work and your family’s plans. Talk with Vuk Vujasinovic and VB Attorneys about what happened. Call 877-724-7800 for a free consultation.
Related case results
Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.