On the afternoon of November 22, 2021, while traveling northbound on Interstate 23, Plaintiff was rear-ended by a commercial motor vehicle as he approached slowing traffic. As a result of the collision, the plaintiff—a 61-year-old male—sustained multiple injuries, including upper and lower extremity paresthesia, lumbar spine complications, and neck stiffness and pain, among other symptoms. These injuries ultimately required surgical intervention. Plaintiff’s counsel argued that the defendant driver violated multiple federal safety regulations and guidelines outlined in the state-issued Commercial Driver’s License (CDL) manual, including the failure to reasonably reduce speed and maintain a safe following distance. Additionally, it was argued that the hired motor carriers bore independent negligence for failing to adequately train, supervise, and monitor its driver, in violation of the Federal Motor Carrier Safety Regulations (FMCSR) and CDL safety standards. In response, defendants’ counsel contended that the plaintiff was himself negligent and bore comparative responsibility for the incident. Specifically, they argued that the plaintiff failed to maintain proper awareness of their surroundings, neglected to pay adequate attention to surrounding traffic, and failed to take appropriate evasive actions—such as stopping, slowing, swerving, or sounding a warning—when danger became apparent. They further alleged that the plaintiff was following too closely behind other vehicles. Settlement Paid: $1,266,464.34.
