$30 Million Jury Verdict in Fatal Failure to Avoid Oncoming Traffic

Joseph Cargal, 68, was operating a tractor-trailer early one rainy morning on a four-lane roadway. David Forehand, a FedEx truck driver, was traveling in the opposite direction when he swerved to avoid a branch in the roadway. His truck collided head-on with Cargal’s truck.

Cargal suffered blunt force trauma and severe burns and died at the scene. He was survived by his wife and two adult sons.

The Cargal family sued FedEx Freight Inc. and Forehand, alleging that Forehand was speeding and chose not to maintain his lane or swerve right to avoid oncoming traffic.

The Cargal family, who did not claim economic damages, asserted that FedEx did not train its driver not to cross into oncoming traffic to avoid an obstacle in the roadway.

The jury signed a verdict for $30 million and apportioned liability at 51% to FedEx Freight and 49% to Forehand.

The attorneys successfully handling this case for the Cargal family were Troy Chandler and Devin McNulty.

At trial the Cargal attorneys presented experts in trucking standard and accident reconstruction; the defendants presented an expert in human factors.

Cargal v. FedEx Freight, Inc., No. 2018-80520 (Tex. Dist. Ct. Harris County).

Kreisman Law Offices has been handling intersection crash lawsuits, wrongful death cases, truck accident lawsuits and head-on crash cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Bridgeview, Justice, Midlothian, Oak Forest, Olympia Fields, University Park, Crete, South Holland, Harvey, Oak Park, Des Plaines, Arlington Heights, Glencoe, Glenview, Lincolnwood, Chicago (Albany Park, Belmont Cragin, Portage Park, Irving Park, Lincoln Square, Roscoe Village, Ukrainian Village, Pilsen, Little Village, McKinley Park, Back of the Yards, Pullman, West Lawn, Grand Crossing, South Shore, East Side, Morgan Park), Chicago Ridge, Crestwood, Palos Heights and Aurora, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.