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$2.2 Million Settlement Obtained for Tractor-Trailer Driver Injured in Collision

MALONE VS. MARY BYRD D/B/A MCINTOSH TRUCKING; MCARTHUR BYRD, JR., D/B/A MJ BYRD TRUCKING; RICHARD DAVID, JR.; AUTO OWNERS INSURANCE COMPANY; ET AL. | CIRCUIT COURT OF MOBILE COUNTY, ALABAMA CASE | NO. 02-CV-2019-900585.00

Our client’s life was forever altered when a logging truck and trailer pulled across U.S. Hwy 43 in Calvert, Alabama in front of him in the dark. The logging trailer did not have the required conspicuity markings and trailer lighting. Our client, traveling at 65 mph, was unable to see the logging trailer that was blocking both travel lanes until moments before impact.

The collision destroyed the log trailer and caused our client’s 18-wheeler to roll on its side and careen down the divided highway median. Our client was transported to the closest Level 1 trauma center where he was diagnosed with a broken neck and a central spinal cord injury. He then underwent multiple complex surgeries, including having his neck fused together at multiple levels.

Cunningham Bounds was hired the day after the crash and immediately began an extensive investigation. “As a result of our prompt response, we were able to obtain critical evidence, including downloading video surveillance footage from a nearby gas station that showed the crash. The video surveillance was set to record over itself shortly after it was obtained. If our team had not acted so swiftly, the evidence would have been lost forever,” said Brian Duncan of Cunningham Bounds who represented the client.

During the investigation, Cunningham Bounds learned the driver of the logging truck had over 40 previous traffic citations and his commercial motor vehicle license had been revoked multiple times. Cunningham Bounds further learned that the logging company that had hired the defendant driver had failed to investigate its employee’s driving history or provide him any type of training.

A $2.2 million settlement, which represented the full policy limits of the available insurance, was obtained for our client in this case. Because we were able to begin our investigation immediately, valuable evidence was available and preserved – helping us achieve the best possible result for our client.

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