Family of Connecticut truck crash victim awarded over $4 million
Posted by Thomas Pettinicchi of D'Amico & Pettinicchi, LLC on Feb 22, 2013 in Truck Accidents
After a three-day trial, a jury has awarded the estate and widow of an accident victim a total of almost $4 million. The victim was a Connecticut man who died as a result of a UPS truck driver hitting his vehicle from behind, resulting in his vehicle going through a guardrail and descending down a 40-foot embankment. He was thrown from his vehicle during the accident, and by the time emergency responders arrived, the man had died from his injuries.
The truck accident happened on a day when thick fog hung in the area, affecting visibility. The accident victim was driving to work at about 2:45 a.m., traveling at about 50 mph when his vehicle was rear-ended by the UPS truck traveling at about 67 mph, which, argued an attorney for the widow of the man killed, was too fast for conditions.
The attorney for the defense tried to argue that the man had pulled in front of the UPS truck, making it impossible for the driver of that vehicle to avoid the accident. However, the six-member jury sided with the plaintiff, determining both the driver and UPS were negligent and awarding the man's widow $1.875 million. They awarded his estate $508,132 in economic damages and $1.5 million in noneconomic damages.
Supporting the argument that the victim was not responsible for the accident may have been the fact that he was a truck driver who had driven one million miles without an accident and also a family man who often spoke out about safety to his family members.
The plaintiff's attorney noted they had a "smart jury, and a smart judge" in the case, adding it would be foolhardy for the defendants to appeal.
Source: Norwich Bulletin, "Accident victim's family gets $4M," John Barry, Feb. 15, 2013
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