The truck driver was traveling north on I-75 when he failed to slow down and stop for congested traffic in a construction zone. His tractor-trailer slammed into eight cars, killing six people and injuring several others. The impact dragged one vehicle 453 feet before coming to a rest. The NTSB determined that the truck driver had been on duty for 50 consecutive hours. He was later charged with six counts of vehicular homicide, four counts of reckless aggravated assault, one count of DUI by impairment of narcotics, one count of speeding, and one count of false report of duty status.
The truck driver began his trip three days prior to the collision; it was his first drive for Cool Runnings. He had far exceeded federal truck safety regulations and remained on duty for 50 hours, according to court documents. The trucker was reportedly carrying a time-sensitive load for Cool Runnings under a contract with Marten Transportation, a Wisconsin-based provider of refrigerated truck services.
Federal records showed that Cool Runnings Express has had problems with safety in the past. On three occasions since 2013, roadside safety inspectors immediately shut down Cool Runnings Express’ trucks because of safety issues with the trucks’ brakes. The trucks weren’t allowed back on the road until the problems were fixed. Trucks were also pulled from the road after failing two other random inspections — once for making false reports about the driver’s duty log in May 2014, and once when the driver had gone beyond the 14-hour duty limit in June 2014.
Multiple lawsuits have been filed against the truck driver alleging negligence. The suits also contend that Cool Runnings and its operators Billy and Cretty Sizemore failed to use reasonable and due care in hiring the driver and failed to perform an adequate drug test as required by federal law. Some lawsuits also name Marten Transportation as a defendant. Marten reportedly subcontracted work to Cool Runnings to deliver goods for national food chain Darden Restaurants, which owns Red Lobster, Olive Garden and Longhorn Steakhouse, among others. According to complaints, the truck driver was required to check in with Marten daily on his Kentucky-to-Florida-and-back trip. If he had done so, it would have meant Marten would have known the driver’s whereabouts on his trip and that he was violating federal duty regulations by staying on duty for 50 consecutive hours. Additional claims state that Talley Construction Company and Nashville-based Superior Traffic Control, Inc. were negligent because the road construction was occurring at an unauthorized time and that construction and traffic planning and control at the site were inadequate.
A successful civil claim would enable surviving victims and families who lost loved ones to cover medical expenses, funeral expenses, lost wages, and pain and suffering as a result of the crash. Unfortunately, these claims typically take years to settle. Financial strain not only seriously impacts a victim’s life, it also impacts the case. Once a lawsuit is underway, if a plaintiff needs financial assistance, lawsuit funding may be a valuable option.
Lawsuit funding is a non-recourse cash advance, to help plaintiffs take care of financial obligations while giving their attorney the time needed to seek appropriate justice. Funding is provided strictly on case strength so there is no need for a credit check or employment verification. Most funding decisions can be determined within 24 – 48 hours of our office receiving an application and applicable case documentation. We are only repaid when the case settles; if the case is lost, the repayment is waived.
If you are the victim of an auto accident, don’t allow corporate defense attorneys to force you to settle prematurely for a fraction of case value. Let Lawsuit Financial remove the financial pressure and gives you and your attorney the time needed to fully pursue your case. Complete our online application or call our office at 1-877-377-7848 for a free, no-obligation consultation.
About Lawsuit Financial
Lawsuit Financial Corporation is a pro-justice lawsuit funding company that seeks to educate plaintiffs and attorneys about lawsuit funding. Our company is an attorney owned and operated full service legal finance company recognized by attorneys nationwide as a preferred choice for legal funding services. Mark Bello, CEO and General Counsel, is recognized as an expert in this field, both as an underwriter of these transactions and as an advocate for appropriate treatment of plaintiffs/clients in this industry and in litigation.
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