Truck Injury Compensation

A woman, who sustained severe injuries to her neck and back after her car was hit by a Coca Cola delivery truck, has been awarded 24 million dollars in compensation for accident caused by driver on mobile phone.

Vanice Chatman-­Wilson (37) of Corpus Christi, Texas, sustained the injuries in 2010 after her Ford Fusion was struck side on by the lorry driven by 30-year-old truck driver -Araceli Vanessa Cabral. Although Vanice underwent a lumbar operation in February 2011 for her injuries, doctors expect the nerve damage suffered in the accident to be permanent.

After seeking legal advice, Vanice made a claim for compensation against the company Araceli Vanessa Cabral was working for at the time of the accident – Coca Cola Enterprises – alleging that Cabral had been using her mobile phone at the time of the accident and was not paying due care and attention as a consequence.

Coca Cola claimed in their defence that they had a strict policy in respect of mobile phone use, and drivers were only allowed to use hands-free sets in their cabs. However, solicitors representing Vanice showed evidence that the policy was not enforced, and even brought Cabral to the stand to testify that she had never been informed of the risks of using a mobile phone when driving.

The jury at the hearing found in favour of Vanice and awarded her 24 million dollars in compensation for accident caused by driver on mobile phone – a message to Coca Cola and other large companies, according to Vanice´s solicitors, that they should introduce a no-mobile phone policy while operating a vehicle.

The family of a man run over and killed by a truck driver who was falling asleep at the wheel of his vehicle after taking crystal methamphetamine, is to receive 5.2 million dollars in compensation for fatal truck accident after a jury trial in Oregon.

Kelly Linhart (52) from Medford, Oregon – also a truck driver – had alighted from his truck on September 25th 2008 to check the brakes on his vehicle. While he was doing so, he was struck by a truck driven by Daniel Clarey (54) and killed instantly. Police investigating the accident arrested Clarey for driving under the influence and charged him with negligent homicide.

Kelly´s family made a claim for wrongful death and truck accident compensation against the company for who Clarey worked – Washington Transportation – and the brokerage firm Heyl Logistics, who had contracted Washington Transportation to transport goods on their behalf. The claim against Heyl Logistics was made when it was discovered that Washington Transportation was operating without proper authority and insurance.

It was alleged in the claim for compensation for fatal truck accident that Heyl Logistics had failed in their due diligence when hiring Washington Transportation, as the latter company had lost their authority to operate for failure to conduct drug testing on their drivers. It was argued had Heyl Logistics shown more care in the selection of the transportation company, the accident would never have occurred.

After hearing testimony from both parties legal representatives, the Oregon jury found in favour of the deceased´s family and awarded 5.2 million dollars with liability shared between Heyl Logistics, the previous insurers of Washington Transport and Daniel Clarey.