Articles Posted in Trucking Accidents

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Christopher Arnold was 19 years old and riding in a pickup truck driven by Jonathan Ortiz when a friend traveling behind them called to say that furniture had fallen off the friend’s truck. Ortiz pulled the pickup truck onto the road’s shoulder, preparing to make a U-turn so he could go back and help his friend. As Ortiz pulled back onto the road and began turning, a van coming up behind him struck a glancing blow to the pickup truck. The truck spun around and came to rest with Arnold’s side facing oncoming traffic. Moments later, Robert Sims, driving a pickup truck for Weatherford U.S. L.P., struck the truck’s passenger side.

Arnold was not wearing his seatbelt. He suffered multiple injuries, including a burst fracture at L-1, resulting in paraplegia. He suffered spinal fractures at T7-9 and T-12. He also had two rib fractures, a collapsed lung and lacerations to his spleen. Arnold was hospitalized for more than a month and underwent a spinal fusion at T12-L2 among other procedures. He has undergone extensive rehabilitation. He now uses a wheelchair and requires assistance with daily living activities.

Arnold’s past medical expenses total about $345,900 and his future life-care costs are estimated at $5.85 million.

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On Dec. 16, 2009, Terry Smith was employed by Sycamore Specialized Carriers.  He drove his tractor-trailer to the defendant Casini Warehousing Corp.’s warehouse in Bensenville, Ill. Casini’s personnel used an overhead crane to load an injection molding machine onto Smith’s step-deck trailer.

After the injection molding machine was loaded onto the step-deck, Smith was attempting to cover it with a 20-foot by 20-foot tarp that weighed 150 pounds. While he was attempting to cover the machine, he fell from the top of the machine to the ground.

In the lawsuit that Smith filed, he argued that the trucking industry custom and practice required Casini Warehousing to use its crane to assist him in draping the heavy tarp over the machinery. Smith said that he asked Casini workers for assistance, but they refused and chose to go to lunch instead.

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On Sept. 12, 2008, Garfield Teddy was driving a semi-tractor-trailer westbound on Route 36 in Tuscola, Ill. He was stopped at a red light at Main Street when his truck was rear-ended by the defendants’ westbound tractor-trailer rig.

Teddy was 56 years old at the time and maintained that the impact of the crash caused numerous injuries including a herniated cervical disc, which required surgery. He also claimed to have developed pneumonia, which led to multiple hospitalizations. Teddy incurred $225,575 in medical expenses.

The defendant truck driver, Gary Miller, admitted that he briefly took his eyes off the road while checking his passenger side rear-view mirror as he was about to change lanes. When he looked in front of him he saw that the plaintiff’s truck had stopped and he slammed on his brakes but was not able to stop in time.

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James Langholf was a truck driver for Howe Freightways Inc. On Sept. 13, 2011, he pulled his truck onto the shoulder of Interstate 80 in Iowa after his tractor-trailer broke down.

Jesse Inman worked for Hanifen Co. Inc. headquartered in Des Moines, Iowa, as a heavy-duty tow truck driver. He responded to Langholf’s call, parking his freight line wrecker directly in front of Langholf’s tractor-trailer.

Another Hanifen employee, Daniel Walsh, also responded to the call and parked his tow truck just behind Langholf’s. At that point, Herbert Terrell, a trucker for Hiner Equipment, LLC sideswiped Walsh’s tow truck and then crashed into Langholf’s tractor-trailer.

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John E. Mulholland Jr. was alleged to have chosen not to stop at a stop sign while driving on a secondary road. He died when his car crashed into the vehicle driven by Joseph A. Cohen, who was driving on the intersecting preferential highway.

As the trial judge was persuaded that Mulholland’s conduct was the sole proximate cause of the crash, summary judgment brought by Cohen was granted. That was the order in a lawsuit brought by Mulholland’s daughter against Cohen. Cohen was reportedly talking on his cellphone while driving down a steep grade at 50-55 mph on Route 3, south of Chester, Ill. He was driving a Dodge Ram 2500 pickup truck that was towing an 18-foot trailer loaded with a Bobcat T-190 skid-steer. According to Cohen, his vehicle, trailer and skid-steer weighed around 14,000 lbs.

Mulholland was driving a Chevrolet S10 pickup truck on Water Street headed toward the intersection with Route 3. There was a stop sign facing him at the intersection. Cohen did not have a stop sign of any kind.

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Colin Lacy was a truck driver for an oil recycling company. He took his Freightliner tanker truck to Empire Truck Sales for preventative maintenance. A mechanic at Empire replaced leaking oil seals on the truck’s rear differential but allegedly chose not to replace the lock nuts on the bolts of the lateral control rod.

A month later Lacy took the truck back to Empire complaining that it was vibrating at higher speeds and making grinding noises. The same mechanic test drove the truck but did not inspect the lateral control rod, which had loosened as a result of the earlier improper repair. The mechanic also allegedly found that the truck’s antilock braking system (ABS) was not working properly but chose not to correct it anyway.

When Lacy picked up the truck three days later and began driving it, the ABS warning light came on. He called Empire but was told that the braking system was fine. Later that day, while Lacy was driving in the rain, the truck began shaking. He applied the brakes, but the ABS system locked up. The truck went out of control, struck the median and rolled over.

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On Dec. 15, 2000, Patrick Broderick was driving southbound on Schoolhouse Road when icy conditions caused him to lose control of his car.  His vehicle came to a rest on a snow bank on the east side of the road.  A good Samaritan stopped at the scene to help Broderick, parking his car in the northbound lane of traffic.  Supposedly, the good Samaritan’s hazard lights were on and working, but that fact was disputed.

Caroline Semanic was traveling northbound on Schoolhouse Road when she approached the scene.  Semanic said she saw no flashing headlights on the good Samaritan’s vehicle and testified under oath that she saw only tail lights that she thought were attached to a moving vehicle.  Semanic’s car slid into the good Samaritan’s car while attempting to avoid crashing into that parked car, pushing the vehicle into the plaintiff Broderick, who was standing in the roadway with his back to northbound traffic.

Broderick maintained that the force of the impact caused him to be thrown 75 feet.  The thrust of the impact resulted in a closed head injury, mild traumatic brain injury and soft tissue neck injury.  Broderick claimed that he now has impaired cognitive function, loss of prior math skills, inability to concentrate, memory deficits, altered personality, word-finding difficulties, post-traumatic stress disorder, inability to follow directions, chronic insomnia, increased flare ups of temper, headaches, neck pain and depression. He is currently working as a fraud analyst.

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On Sept. 2, 2007, Susan Soine, age 42, was driving her car northbound on Route 41 in Highland Park, Ill., when she was hit by a car driven by the defendant, Marian Kinzinger, at Clavey Road. Soine alleged in her lawsuit that Kinzinger chose not to properly merge into the highway from the Clavey entrance ramp and instead crossed over the solid white lines and clipped the front of a semi-truck and then veered into the left lane and hit the plaintiff’s front passenger door. 

Kinzinger’s pick-up truck then rolled over and hit the rear of the Soine car shattering her rear window. Soine was injured.  She sustained a C5-6 neck injury, which required fusion surgery two months after the crash. 

At the end of the trial, Soine’s counsel moved the court for a directed verdict, which was granted. The directed verdict dealt with only the negligence of Kinzinger. The jury determined the amount of damages.

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Robert Jones was injured while he was delivering supplies to a Pizza Hut restaurant in South Elgin, Ill. Jones was struck by the pizza delivery car driven by defendant Bibiana Bojorge in the parking lot of the pizza restaurant. Jones injured his knee. The jury’s verdict of $489,364.05, which was reduced by 5% for contributory negligence of Mr. Jones, was appealed by the defendants Bojorge and Pizza Hut.

The issue on appeal was whether the trial judge was in error in admitting into evidence the plaintiff’s prior consistent statement to his wife that he was hit by defendant’s car. The defendant had made  Jones’s credibility the centerpiece of their defense at trial. The plaintiff’s prior consistent statement was admissible to rebut the charge that plaintiff’s prior testimony was a fabrication, especially when the evidence included defendant’s written statement in which she admitted that she “hit the delivery guy.”  The appellate court affirmed the trial judge’s order and the jury verdict stands.

The facts were that the plaintiff  Jones, a delivery truck driver working at a Pizza Hut location, claimed that the defendant Bojorge, a pizza delivery driver, struck him with a car as he was moving boxes of dough on his dolly, injuring his knee. 

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The Illinois Appellate Court has affirmed a decision by a Cook County trial judge. Krysztof Emiljanowicz, a truck driver, agreed to act as a contractor for SSTS, Inc. On May 12, 2004, Krysztof signed an agreement in which he agreed to transport freight for SSTS in his semitrailer. 

SSTS said that its policy required truck contractors to have their equipment inspected, to carry only SSTS freight while under contract with SSTS and to place decals on their vehicles showing that they were authorized to operate. 

Later that same day, Krysztof was on his way to pick up a friend; they planned to ride together in Krysztof’s truck to a mechanic for a check-up. Before starting the new job, and on the way to the mechanic, Krysztof crashed into a vehicle driven by Barbara Kawacki-Horowitz.

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