We represented the adult children of a grandmother and the parents of a four-year-old girl killed in New Mexico when a big-rig truck smashed into their disabled car right before sunrise stuck in the middle of the westbound I-10 freeway. After the car became disabled, there is evidence that it was struck once or twice by other vehicles before the big-rig which destroyed it came upon it. The defendant took the position that the accident was inevitable, could not have been avoided (there was no evidence that if there were any lights on the car after it became disabled), and that the accident was the fault of a grandmother and the family owner of the car. In settling the case shortly before trial, we showed, through testimony and expert reconstruction, that at least one other big-rig had successfully maneuvered around the original debris field and as such, they were liable for the accident.

We represented the widow and small children of a big-rig truck-driver who was killed when his big rig smashed into an overturned eighteen-wheel truck blocking the I-15 in southern Utah on a dark night. The case represented one of the largest settlements ever reached in Utah. It was alleged that the Dick Simon truck driver had exceed federal maximum time driving standards and had fallen asleep at the wheel, drifted into the median and then when he woke up negligently over-corrected the truck flipping it over. Our driver smashed into the underbelly of the over-turned 18 wheeler which blocked both north-bound lanes of traffic (and extended into the median and into the desert). While defendant alleged that our driver should have seen the truck and braked or swerved to avoid hitting the overturned truck, we showed by use of a computer-generated reconstruction of the accident that it was difficult if not impossible to see the overturned truck in order to have enough time to react and stop the truck.

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