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!

We are thrilled to share that Tim Whiting participated as a guest course instructor in this year’s Academy of Truck Accident Attorney’s (ATAA) New Trial Lawyer’s Division Bootcamp. Designed to sharpen litigation skills through coaching, case studies, and presentations, the bootcamp served as an event for young lawyers across the country to obtain hands-on experience and receive guidance on how to handle and win trucking cases on behalf of their injured clients.

We commend Tim for his continued dedication to professional development and his role in shaping the future of trial advocacy. His participation in this year’s bootcamp reflects his passion for the law and his commitment to excellence in trial practice.

We are pleased to announce that Tim Whiting recently participated in this year’s South Carolina Bar Association’s Insights into Handling Commercial Vehicle and Trucking Injury Cases conference. Tim contributed to the session by presenting on the topic of “The Trucking Company’s Duty to Hire Safe Drivers and Train and Supervise them.” As a respected trial attorney with extensive experience in trucking litigation, Tim delved into the statistics of truck crashes and how the truck companies that have committed to proper hiring and implementing proper driver training have benefited from a lower number of crashes throughout the years.  Tim went into detail teaching where attorneys can find the safety standards and regulations trucking companies must meet in order to operate lawfully.

We are proud of Tim’s continued leadership in this field and his dedication to educating fellow attorneys on the intricacies of trucking litigation.

On June 1, 2021, while driving east on U.S. Highway 13 on his way to work, the plaintiff (age 71) was involved in a side-impact collision with a commercial motor vehicle at the intersection of State Road 1701. The plaintiff sustained fatal injuries and was pronounced dead at the scene.

An investigation revealed that the truck driver was looking at his phone for directions and ran a stop sign at 55 mph without braking. This action resulted in a collision with plaintiff’s vehicle which had the right of way and no stop sign. Toxicology reports on the truck driver would also reveal that the defendant driver was under the influence of marijuana at the time of the incident.  Further inquiries into the truck company that employed the driver uncovered negligence in hiring practices, including failure to review the driver’s qualifications, driving history, and extensive record of safety violations.

The plaintiff’s family filed a wrongful death lawsuit, alleging violations of federal and state motor vehicle safety regulations, as well as industry standards related to driver qualification, hiring, training, supervision, retention, and safe operation of commercial motor vehicles.

Counsel for plaintiff also pursued a claim against the motor carrier, which claimed to be a broker, for hiring an unsafe motor carrier to transport the load. The original motor carrier was hired for the job but instead subcontracted it to the unsafe motor carrier.

On November 7, a $10 million settlement was reached with both the truck company and the independent contractor responsible for transporting the load.

The Plaintiff is survived by his two daughters, aged 46 and 48, and widowed wife, aged 74. He had been his wife’s primary caregiver following her diagnosis of Alzheimer’s disease and the subsequent decline of her mental condition. The Plaintiff’s passing was deeply felt in the community he served and loved, where he lived and operated three funeral homes.

On December 3, 2019 plaintiff truck driver was contracted to pick up a loaded commercial trailer at a tire facility and have it transported to a tire distribution company. Upon plaintiff’s arrival to the destination on December 4, 2019 , plaintiff proceeded to open the trailer doors whereupon approximately seventeen over-sized tires fell on top of plaintiff. As a result, the driver sustained severe injuries including but not limited to neck compression fractures, and injuries to is left  and right shoulders. The plaintiff underwent a kyphoplasty procedure for his neck compression fracture, a right shoulder surgery and a left shoulder joint replacement surgery. After a thorough investigation of the scene and through witness accounts, reports showed that the tire maker company, the tire distributor company, and the tire loading company unsafely loaded the tires into the commercial trailer and failed to supervise and enforce their safety protocols. Defense counsel argued that plaintiff was negligent by not inspecting and securing the load prior to accepting carrying the load, and was negligent by not opening the trailer door or doors correctly and/or safely. Counsel for plaintiff argued that defendants failed to establish and enforce reasonable and adequate policies and procedures to be followed by its employees and agents to ensure that loads were immobilized and secured in a reasonably safe manner; the defendants failed to conduct an adequate inspection of the load upon completion of the loading of the shipment into the trailer; and the defendants failed to use proper packing materials to secure the tire load for transport over the roadway by tractor trailer. Paid: $4,000,000.00 prior to trial.

Our talented team represented us at the 2024 Academy of Truck Accident Attorneys Symposium in Nashville, TN. Our associate attorney Torrie Poplin and paralegal Katherine Cancello delivered  an informative presentation on ‘Creating Deposition Exhibits,’ showcasing how our methods gives us a distinct advantage when litigating a trucking case.  Tim Whiting also delivered a presentation on the topic of  ‘Common Defenses in Trucking Cases’ where he shared his experience in dealing with defense tactics and how to beat them. This symposium brought together attorneys from across the U.S who are looking to learn how to litigate a trucking case and how to increase the value of their cases.