On the morning of August 18, 2023, a 54-year-old woman was fatally injured while traveling westbound in the right lane of Interstate 80 following a collision with a commercial motor vehicle. The accident occurred when the defendant truck driver failed to reduce his speed appropriately and did not maintain a safe distance between his vehicle and the decedent’s. Subsequent investigation revealed that the truck driver was operating the vehicle under the influence of one or more drugs. The decedent was pronounced dead at the scene.

Plaintiff’s counsel alleged that the defendant trucking company was negligent in hiring the driver, having disregarded his extensive history of violations, and further failed to establish and enforce proper hiring practices to ensure the employment of safe drivers. They also argued the company failed to provide adequate training, monitoring, and supervision of its drivers. In response, defense counsel contended that the plaintiff’s injuries resulted from her own negligent acts and/or omissions. Paid: $5 Million.

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.

We are thrilled to announce that Tim Whiting has been nominated as a 2025 Leading Lawyer, a prestigious recognition awarded to top attorneys who demonstrate exceptional legal skill, professionalism and dedication to their clients.  The Leading Lawyers designation is based on peer recommendations and a deliberate selection process. His expertise, leadership, and dedication to the legal community continue to set him apart as a trusted advocate.

We look forward to seeing his continued impact in 2025 and beyond!