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FIRM CAPS EXPOSURE ON LARGE LOSS TRUCKING CLAIMS THROUGH BINDING ARBITRATION

Although we in the business of defending trucking companies and their employees battle every day against public misconception, impressions still exist on various trucking issues such as safety requirements and the types of injuries that "surely" must occur when a tractor-trailer is involved.

Firm Partner R. Bruce Salley advises that, through the use of a fair and objective arbitrator, and appropriate experts, binding arbitration can be an effective tool for overcoming these perceptions and obtaining advantageous results in an economical fashion. Such favorable results have been demonstrated in recent cases handled by the Firm's Transportation Practice Group, as follows:

Defense Award in Lane Change Case

According to the opinion of a CHP officer as contained in his Traffic Collision Report, the Firm's defendant/truck driver client negligently made a freeway lane change which caused it to collide with plaintiff's vehicle. At arbitration, however, the Firm convinced the arbitrator to disregard the Traffic Collision Report in its entirety, as being inadmissable. Inconsistencies between plaintiff's testimony and her prior deposition testimony were exploited, and evidence was submitted showing that the characteristics of the physical damage to both vehicles was more consistent with the plaintiff drifting into the lane occupied by the tractor-trailer (and not the other way around). The arbitrator apparently agreed and found no negligence on the part of the Firm's trucking client. Plaintiff recovered nothing for her alleged injuries.

Liability and Medical Experts Lead to Minimal Award

In this case, the Firm's defendant/tractor-trailer driver client, at night, attempted to make a left turn towards a driveway on the opposite side of the street, from the number 2 lane, traversing the number 1 lane. Plaintiff was coming up from behind in the number 1 lane, and under-rode the trailer, escaping catastrophic injury by ducking down and to the right. Nonetheless, plaintiff claimed serious injuries, including bulged discs to his cervical and lumbar spine with radiculopathy, neccesitating almost 1 year off work. Plaintiff sought a six figure recovery as a result of his injuries.

The Firm used an accident reconstruction expert specializing in trucking cases, and successfully established 40% fault by plaintiff due to inattention and excessive speed.

The Firm also used a highly qualified orthopedic surgeon who opined that plaintiff's bulged discs most likely were pre-existing and, in any event, were not impinging any nerve roots and were not a source of any chronic pain.

The arbitrator found the testimony of these experts to be well reasoned and supported, and awarded plaintiff $16,000 - significantly less than his six figure pre-arbitation demand.

Strength of Medical Expert's Opinions Leads to Favorable Binding Arbitration Agreement

Plaintiff was stopped when she was forcefully rear-ended by the Firm's defendant/tractor-trailer client. At the outset of the case, she claimed chronic and permanent pain syndromes, pointing to buldged discs in both her cervical and lumbar spine. She also claimed over 2 years of past lost earnings from her job as a packaging technician, and indefinite future lost earnings. Initially, plaintiff's demand was in the high six figures.

However, the Firm selected an Orthopedic expert who was so persuasive that plaintiff and her counsel ultimately agreed to resolve the case through binding arbitration, with a ceiling of $50,000. At arbitration, the defense expert was again persuasive, resulting in an award of $32,000.

For effective legal handling of Large Loss Trucking Claims, please contact Partner R. Bruce Salley at (818) 205-9955 to discuss how his team of qualified Transportation litigators can assist.

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Related Attorney(s):
Robert B. Salley

Related Practice Area(s):
Transportation Law