In a major development in the ongoing investigation into a widespread fraud involving staged accidents with tractor-trailers, Jovanna Gardner, one of the central figures, has agreed to a plea deal with federal prosecutors. Gardner’s decision to plead guilty to conspiracy to commit witness tampering and cooperate with investigators marks a critical juncture in this high-profile
Proactive Litigation Strategy Proves Effective For Defense in Crash Case
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There is a long list of factors that a legal defense team must consider before developing its strategy. An emerging factor is the trend of massive personal injury plaintiff payouts from truck accidents in recent years. As trucking companies and their defense teams search for new or creative ways to prevent multimillion-dollar “nuclear” verdicts, various proactive litigation strategies have proven to be useful tools for defense attorneys.
Proactive Defense Strategies in Practice
An example of a successful pre-emptive litigation tactic was recently covered in Transport Topics. The article describes a traffic collision that took place in October of 2014 at a stoplight intersection in Bensalem Township, PA. The accident occurred when the 23-year-old driver of a Honda Civic drove through a recently-turned red light and struck a tractor-trailer that was beginning its left turn through the intersection. As a result of the crash, the driver of the Honda Civic was killed, but the truck driver was uninjured. An official police investigation found that fault for the accident was shared among both drivers.
In this case, the shared fault for the collision opened the door for the trucking company’s defense attorney to file a lawsuit for damages to the truck and cargo. Among other points, that lawsuit argued that the driver of the Honda Civic operated his vehicle in a reckless manner by traveling above the speed limit and disregarding traffic signals.
Why would the trucking company’s defense attorney opt to sue the deceased driver’s family before any other lawsuit was filed? Firstly, it helped the trucking company recoup some of the cost of their damaged truck. More importantly, filing this lawsuit first ensured that trials related to the collision would take place in Bucks County, PA. The defense attorney believed that this jurisdiction would give his client a better chance at a fair outcome.
When Does Preemptive Litigation Make Sense?
Ultimately, the sedan driver’s family was compensated with a $300,000 settlement and the trucking company received a $19,000 insurance settlement for repairs to their truck. The aggressive tactics used by the motor carrier’s defense attorney likely limited the insurance payout by keeping the trial in a more even-handed jurisdiction. However, the question of optics has to be a concern. Regardless of the raw facts of the case, companies always consider how the public will view legal actions taken on their behalf. An expert defense attorney will guide their client toward options that are truly the best approaches for their legal defense but don’t go against their business goals.
Trucking companies protect their business, drivers, and the driving public with thorough and consistent safety standards. Even when those standards are followed without fail, traffic collisions are still a possibility. How a motor carrier, their insurance provider, and defense attorneys approach an accident can make all the difference.
The best legal outcomes are accomplished when every viable option is explored. When trucking companies and their defense teams are able to act quickly, there are more options on the table. If your company faces a potential crisis, reach out to Hughes Lawyers LLC right away. You can contact us online or call any time and talk to us about your case.
