Restoring Lives One Case At A Time

The Story of a Wrongful Death Trucking Settlement

Written by Byron Alfred | Jan 19, 2021 11:32:14 PM

The Alfred Firm has reached a confidential wrongful-death settlement for a fiery crash involving an 18-wheeler that was traveling the wrong way on a single lane highway in Victoria, Texas. 

On July 19, 2020, a reckless truck driver was traveling Southbound on US Highway 77 when he crashed, head-on into a 2009 Jeep Wrangler that was traveling Northbound on the same highway. Both the driver and the passenger were instantly killed in this tragic wreck.

The Alfred Firm Obtains Temporary Restraining Order Against Trucking Company and Driver in Trucking Case Involving Fatality

Upon being hired, The Alfred Firm immediately filed a lawsuit and obtained a restraining order requiring relevant evidence to be preserved. Specifically, The Alfred Firm appeared before a Harris County Judge and obtained an order prohibiting the trucking company and driver from doing the following: 

  • Damaging,  modifying, altering, selling or disposing of, in any way, the tractor and/or trailer involved in the incident in question;
  • Removing or transporting the tractor and/or trailer from its present location without leave of Court;
  • Damaging,  modifying,  altering,  selling  or  disposing  of,  in  any  way,  any  of  the  driver’s  employee  file,  post-incident  drug  screening,  training  materials,  employee evaluations,  employee  write  ups,  and/or  any  documents  related to discipline levied against the truck driver;
  • Destroying or tampering with any of the records or documents or any material item whatsoever that pertain to the incident made the basis of this lawsuit;
  • Damaging,  modifying,  altering,  selling  or  disposing  of,  in  any  way,  any  of  the
  • Damaging, modifying, altering, selling or disposing of, in any way, the electronic data, the driver’s cell phone data, GPS data, video or audio recordings, PeopleNet data associated with the subject truck, and Qualcomm data associated with the subject truck;
  • Damaging,  modifying,  altering,  selling  or  disposing  of,  in  any  way,  any  of  witness statements collected as a result of this incident;
  • Damaging,  modifying,  altering,  selling  or  disposing  of,  in  any  way,  the driver’s cell phone or other wireless devices;
  • Damaging, modifying, altering, selling or disposing of, in any way, the log books, pre and post trip inspections, bills of lading, work orders, maintenance documents, gas receipts, and
  • Damaging, modifying, altering, selling or disposing of, in any way, any data recording devices or modules in the tractor and/or trailer involved in this incident.

While it is most important that all evidence be immediately preserved following a catastrophic 18-wheeler wreck, most often lawyers representing the trucking company and driver enter into evidence preservation agreements after a restraining order is granted by the Court. This was accomplished in this case.

The Alfred Firm and Trucking Experts Reconstruct Scene of Fatality Accident

After preserving the involved and relevant evidence from the scene, The Alfred Firm worked alongside its team of experts and local law enforcement to reconstruct the scene. The Alfred Firm and its team of accident reconstructionists completed the following in the reconstruction of this 18-wheeler fatality wreck:

  • Visited the scene of the wreck and examined all vehicles involved in the collision;
  • Inspected and photographed any other objects involved in the wreck;
  • Collected visual evidence, such as scene photos and traffic videos of the wreck;
  • Reviewed all eye witness accounts and police reports;
  • Examined physical evidence such as gauge and tire marks;
  • Reviewed environmental conditions at the time of the wreck;
  • Inspected the road surfaces and secured any road debris;
  • Documented positioning of road signs and/or signals and identified possible visibility issues; and
  • Investigated any unaddressed safety recalls that may have contributed to the crash and examined the vehicles’ headlights, brake lights, and other safety equipment to determine whether they were operable at the time of the wreck.

It is imperative that all accident reconstruction be completed as close to the time of the wreck as possible. The Alfred Firm prides itself in its ability to jump to action in the critical moments following a truck wreck involving a fatality to allow the family the comfort and space it needs to properly grieve.

The Alfred Firm Confirms the Available Insurance Coverage and Assets of Involved Defendants

After securing all available evidence, inspecting the involved vehicles and reconstructing the accident scene, The Alfred Firm secured evidence of all insurance policies that may cover the wreck. While trucking companies are required to purchase minimum amounts of coverage, it is not uncommon for trucking companies to obtain excess and umbrella liability over and above the minimum amounts. 

The Alfred Firm does not simply take the trucking company’s word that it has provided all available insurance policies. We work with third party vendors and forensic investigators to assess the trucking company’s assets before discussing any settlement offers in trucking cases involving catastrophic injuries and fatalities. Only after a full assessment of the available insurance proceeds are we prepared to begin settlement discussions. 

The Alfred Firm Connects Deceased Client’s Family Members with Grief Counselors Following an 18-Wheeler Wreck Involving Multiple Fatalities

The Alfred Firm, in addition to providing nationally recognized legal services, connects its clients with renowned grief counselors following incidents involving catastrophic injuries and fatalities. Following a truck wreck involving a fatality, the victim’s family members are often so inundated with funeral arrangements that they do not take the time to take care of themselves. In these instances, we work to connect our clients’ family members with grief counselors and therapists to help the family during the grieving process.

This approach has a two-fold benefit that not only helps clients to grieve, but also assists in communicating the clients’ specific grieving process at trial, if necessary.

The Alfred Firm Negotiates Settlement for 100% Percent of the Available Insurance Coverage Limits in Five Months

In just five months, after obtaining inescapable evidence of gross negligence, The Alfred Firm successfully negotiated a confidential settlement for every penny of the trucking company’s available insurance coverage. With this settlement, the decedent’s family will have enough resources to compensate them for their losses and to honor the legacy of their lost loved one.

This case was handled by The Alfred Firm’s Founder Byron C. Alfred and Chief of Staff Amanda Zubire.

 

About Attorney Byron Alfred 

Byron C. Alfred is a Board Certified Personal Injury Trial Lawyer that has received national recognition for his record-setting verdicts and settlements. Attorney Byron’s cases have generated over $100 Million in verdicts and settlements over the last 5 years. In 2019, after obtaining the second largest work injury verdict in the country, Attorney Byron became the youngest lead counsel and the first African American lawyer ever inducted to the prestigious Texas Verdicts Hall of Fame.