We knew that we had to work fast and hard and to use all our resources, skills and expertise in handling trucking cases to achieve justice for each one of our clients.
Chicago, Illinois (PRWEB) September 18, 2012
Whiting Law Group, a Chicago-based law firm with offices in Southwest Wisconsin, specializing in truck accident litigations secured a $1.425 million award for their clients, some who were fatally injured. According to the complaint filed in Shelby County, Indiana, Case No. 11 CV 162 and Cause No. 73 D01-1108-CT-35, 13 victims were passengers in a rental van and were traveling north on I-65 in Edinburgh, Indiana. Rain started to fall and the driver slowed the van to 5 miles per hour, remaining in the right lane which is the driving lane of the interstate. Around the same time and location, the Defendant, a truck driver was traveling the same direction as the Plaintiffs and rear-ended the plaintiff’s van at a speed of 69.5 miles per hour.
Two of the passengers in the rental van were killed and the others suffered injuries including scrapes and bruises to spinal injuries, a skull fracture and a broken leg. Three of the passengers needed complex surgeries as a result of the trucking accident. The total amount of medical expenses for all the victims in the rental van was $556,099.00.
This case involved some significant obstacles that made proving liability and negligence very difficult. As indicated in court filed documents, these issues included:
- The rental car agency of which the victims were passengers and rented by the Defendant their driver, filed a declaratory action denying insurance coverage for the crash as the Defendant van driver allowed more than the legal number of passengers in the van at the time of the crash.
- The Defendant van driver made three (3) conflicting statements about his actual speed, use of emergency flashers and location at the time of the crash.
- Originally filed in Cook County, Illinois, the case was moved to the collision venue of Shelby, Indiana, a state where there is a cap of $300,000.00 in wrongful deaths cases.
- In addition, Indiana law did not have joint and several liability which further complicated winning the case as both the van driver and truck driver were equally at fault but there likely was no chance of recovery from the van driver due to the declaratory action.
Through their extensive knowledge in trucking litigation, Whiting Law Group was successful in overcoming these obstacles. The firm hired an engineering and accident reconstruction firm to digitally generate videos of how the accident occurred and most importantly, how it could have been avoided if the truck driver had complied with the federal and commercial driver’s license truck regulations and rules.
Whiting Law Group’s Founder and Managing Partner, Timothy M. Whiting was successful in arguing that the car rental agency should remain in the case as they proved that the driver for the van had purchased additional and comprehensive insurance when he rented the vehicle. Further, Mr. Whiting was able to demonstrate that the truck driver was driving above the recommended speed limits when he crashed into the van by capturing critical crash data from the trucks on broad speed recording system. If the Defendant had driven the speed limit he likely could have maneuvered the truck so as to avoid the accident.
“This truck crash was a tragedy to each victim and their families,” said Timothy M. Whiting. “We knew that we had to work fast and hard and to use all our resources, skills and expertise in handling trucking cases to achieve justice for each one of our clients. We invested a lot to time and resources into this case and we were able to receive a fair and just settlement for this tragedy.”
Whiting Law Group obtained the maximum settlement for wrongful death in the State for Indiana for the two passengers who were killed. The firm also won a large settlement for the other surviving victims of the trucking accident.
About Whiting Law Group
Whiting Law Group is an Illinois and Wisconsin based law firm concentrating its practice in serious personal injury matters, trucking accidents, wrongful death and medical malpractice actions. Founded in 2001 by Partner Timothy M. Whiting on the foundation of dedication, hard work and passion, Whiting Law Group offers the highest quality of service to their clients.
With a 96% success rate of earned recoveries in their cases, Whiting Law Group consistently has recovered significant awards for their clients, many times resolving their cases in less than 24 months.