Our firm has been prosecuting a truck accident lawsuit against a Victoria-based trucking company, in which one of the company's drivers allowed the over-sized load on the flatbed trailer of his tractor trailer to strike a pick up truck legally parked on the shoulder of US 59 in Montgomery County, Texas, killing a two year old child in the pick up truck. This truck crash happened on October 26, 2006. Through discovery efforts, the firm recently discovered that the trucking company driver tested positive for cocaine on the day of the crash. Testing documents reveal the driver admitted using cocaine the night before the crash. The firm further determined that the trucking company's top managers were told by their field manager that the load on the truck was illegal because it was 40,000 pounds over weight and over five and a half feet over wide.
According to sworn testimony by the trucking company's field manager, after he told the managers of this extreme safety risk, the managers told him to ignore the safety hazard and to send the truck on its 250 mile route from Berclair to Woodville, Texas. The firm further determined that at the time the trucking company hired the driver, it knew that he had a criminal record including three felonies (all of which were drug or alcohol related), a driving record including a DWI, and that his commercial drivers license was revoked. The law firm further determined that the trucking company ignored a comment on its website in which a motorist told the company that its drivers -- including the driver who killed the young boy -- were driving so unsafely that it was likely they were going to "kill someone," yet the company took no action in response to this warning.
Finally, the law firm discovered that the trucking company falsified the trucker's logs before producing them to the law firm in this litigation, based on a comparison to the drivers logs that were provided to the investigating Troopers at the time of the official DPS investigation. The case is pending in State District Court in Jim Wells County, Texas, and is set for trial in June of 2008.
The case settled shortly before trial. Find out how we helped this family hold the company accountable for hiring an unsafe driver, failing to properly supervise this unsafe driver, violating federal trucking rules, and falsifying evidence to avoid being blamed.