Case Study: $3 Million Settlement for Family of Client Killed in Collision with Illegally Parked Truck

At De Caro & Kaplen LLP, we have a long history of holding negligent trucking drivers and trucking companies accountable when their violations of safety regulations result in tragedy. Our truck accident attorneys secured a $3,000,000 settlement for the family of our client, who lost their life after colliding with the rear of a commercial tractor trailer that was unlawfully parked on the shoulder of a highway without warning lights or safety cones. 

Case Overview: A Preventable and Tragic Loss 

Our client was driving when they encountered a commercial truck unlawfully parked on the shoulder of the roadway without hazard lights, reflective warning triangles, or cones, as required under federal trucking regulations. Blinded by sunlight, and no visible warning of the truck’s presence, our client could not avoid a devastating collision with the rear of the trailer, causing fatal injuries. 

The collision resulted from the truck driver’s failure to follow commercial vehicle safety laws, combined with the trucking company’s negligence in enforcing critical safety protocols. 

Our Legal Strategy: Exposing Regulatory Violations & Corporate Negligence 

Our firm conducted a thorough investigation, working with accident reconstruction experts and trucking safety specialists to prove multiple violations of Federal Motor Carrier Safety Regulations (FMCSRs), including: 

• Violation of Federal Parking Regulations –Under federal motor safety carrier regulations truck drivers must use hazard lights and place warning devices (cones, triangles, or flares) when stopped on the shoulder of a roadway. The driver did not comply, creating an invisible hazard for oncoming traffic. 
• Failure to Follow Basic Trucking Safety Standards – The truck driver parked in an unsafe location, violating both federal law and industry best practices. 
• Trucking Company Negligence – Our investigation revealed that the trucking company had a history of failing to enforce safety protocols, including not properly training drivers on stopping procedures and hazard warning requirements. 

Wrongful Death – We presented evidence detailing the loss suffered by our client’s family,. 

Rather than face trial, the trucking company and its insurers agreed to a $3,000,000 settlement, ensuring that our client’s family received the financial support they deserved for their devastating loss. While no amount of money can bring back a loved one, this settlement held the trucking company accountable for its failures and provided a measure of justice for the family. 

Our Experience in Trucking Accident & Wrongful Death Cases 

At De Caro & Kaplen, LLP, we are experienced in handling complex truck accident and wrongful death litigation, securing multi-million-dollar verdicts and settlements in cases where: 

• Truck drivers violate federal safety laws, putting lives at risk 
• Trucking companies fail to train, supervise, and enforce critical safety protocols 

Our firm has the resources, legal knowledge, and commitment to take on major trucking companies and their insurers, ensuring they are held accountable for the devastation they cause. 

Fighting for Families of Truck Accident Victims 

Our personal injury attorneys have an unwavering dedication to fighting for those suffering personal injury and for families who have lost loved ones due to trucking negligence. If you or someone you love has been affected by a truck accident, you deserve experienced legal representation. 

Call De Caro & Kaplen LLLP today for a free consultation.