Rear-end collisions involving commercial trucks are often quickly blamed on the passenger vehicle. In this case, the defendant trucking company argued that our client was at fault for rear-ending a flatbed trailer that was visible in the slow lane. CBPW’s investigation proved that narrative was wrong and exposed serious safety violations that put everyone on the roadway at risk.

The result: a $1.7 million recovery for our client.

The Injuries

The collision caused devastating injuries to our client, including:

• • A crushed femur, so fragmented that it would not heal without four bone-graft surgeries involving rods and screws
  • A broken wrist requiring surgery
  • A carpal tunnel nerve release procedure

After extensive treatment and recovery, the client ultimately made a full recovery.

The Defense: Disputed Liability

The defendant blamed our client and denied liability, claiming the trailer was visible and that our client ran into the back of it. But CBPW’s discovery revealed the truth.

What CBPW Discovered

CBPW uncovered critical facts showing that the truck should never have been on the roadway:

• • The truck had been pulled over due to air-brake failure.
  • A service truck responded and instructed the driver to remain on the shoulder and wait for a tow truck.
  • The driver ignored that instruction and chose to re-enter traffic.
  • Because the air-brake system was leaking, the truck was traveling only 10–15 mph on a 70-mph highway.

Operating the truck under these conditions violated multiple Federal Motor Carrier Safety Act rules, which prohibit commercial trucks with mechanical failures or maintenance issues from operating on the roadway.

A Deeper Problem Within the Trucking Company

Discovery also revealed a troubling systemic issue within the trucking company:

• • The company operated over 800 trucks
  • The company did not own the trucks
  • Drivers were required to lease the trucks from another company
  • All maintenance and mechanical repair costs were paid by the drivers, not the company

This structure allowed the company to collect profits from hauling loads while shifting all maintenance expenses onto drivers. The result was a terrible truck safety record, as drivers routinely delayed or avoided repairs due to the personal financial burden.

Moving for Punitive Damages

After uncovering these facts, CBPW moved for punitive damages and proceeded toward trial. The evidence showed not just negligence, but a system that incentivized unsafe trucks remaining on the road.

Following the pre-trial hearing, the case resolved with a $1.7 million settlement.

Why This Case Matters

This case demonstrates how critical thorough discovery is in trucking litigation. What initially appeared to be the fault of the driver rear-ending the truck became a case that cleared our client of wrongdoing and exposed:

• • Federal safety violations
  • Dangerous mechanical failures
  • Corporate practices that put profit over public safety

CBPW’s work ensured accountability and delivered justice for an injured client.

CBPW: Holding Trucking Companies Accountable

When trucking companies allow unsafe vehicles on the road, the consequences can be catastrophic. CBPW has the experience, resources, and determination to uncover the truth, challenge powerful defendants, and pursue maximum recovery even when liability is disputed.

Contact Cook, Barkett, Ponder and Wolz to discuss a serious injury or trucking case. We investigate deeper. We expose dangerous practices. And we fight to win.