More Lawsuits, More Allegations in Fatal Truck Crash

Little has been resolved since a fatal truck crash claimed the lives of six people on I-75 in Ooltewah, TN on June 25, 2015.

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.

Same Plane, Same Freeway, Different Outcome

A small plane that made headlines when it landed safely on a Southern California freeway 16 years ago crashed on the same stretch of road Saturday, slamming into a car and killing a passenger in the backseat of the vehicle. Five other people were injured, including the pilot and a passenger aboard the plane.

According to witnesses, the single-engine, two-seat Lancair IV plane appeared to be having issues before turning sharply and coming down on Interstate 15, about 50 miles north of San Diego. One man said he didn't hear the plane's engine as it passed overhead.

The driver of the auto had pulled over to synchronize his Bluetooth when the plane crash landed on the freeway, sliding 250 feet and slamming into the back of his Nissan. The impact pushed the rear bumper nearly all the way into the back seat of the vehicle. The California Highway Patrol (CHP) said there was no evidence landing gear was deployed; it appears the plane had mechanical problems. The National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) are investigating the crash; officials said it is unclear whether there was a black box on the plane.

Interstate 15 is a popular route for flying because there are fewer flight restrictions than along the Interstate 5 corridor, but the fly zone has had its fair share of emergency landings. That same stretch of highway has been the site of several similar incidents in the past, according to CHP Officer Chris Parent. Matt Nokes, a former MLB player and original owner of the Lancair IV, was piloting the plane on its second flight in February 2000 when the engine quit and he safely landed on the busy freeway. According to Nokes, a fuel problem led to that crash, but he never learned what caused the problem. Nokes went on to fly the plane regularly before selling it in 2004. Dennis Hogge, the pilot in the recent crash, is the plane’s registered owner, although FAA records show the plane’s registration had expired.

Did pilot error cause or contribute to the accident? Was there a mechanical problem, known or unknown? Was the aircraft properly maintained and inspected? If investigators determine that this accident resulted from defective equipment or poor maintenance, the owner of the plane, parts manufacturers, and/or inspectors could be held liable.

Aircraft accidents lawsuits can typically take years before a verdict or settlement is reached. Lawsuit Financial understands that when bills pile up, waiting for a fair settlement may be difficult. Accepting a less-than-favorable settlement may appear the best solution to move on as quickly as possible and maintain financial responsibilities. For this reason, pre-settlement litigation funding has become a better alternative to may paying the mortgage, car payments, and other necessary expenses, such as medical expenses and funeral and burial costs.

Litigation funding is money given in advance of an expected settlement or jury verdict; funding is strictly based on the strength and merits of the case. The funding application takes less than five minutes to complete and requires no credit check or employment history, no upfront fees or costs, and not monthly payments. Once a case is approved for funding, the cash advance can be sent by check or wire within 24-48 hours. Most importantly, the money is provided on a non-recourse basis, meaning if the case is lost the repayment is completely waived.

If you or a loved one has been involved in an airplane accident, you may be entitled to compensation for damages. Lawsuit Financial Corporation has more combined litigation and litigation funding experience than any other company in the lawsuit finance marketplace. We work fast to approve your funding application because we know time is of the essence. Contact us today to learn more or to apply for immediate financial relief. We can be reached via our website or by calling 1-877-377-SUIT (7848).