Trucker Obstructs Roadway, Leading to Collision

By Staff Writer

Due to their large size and heavier weight, semi-trucks (…or tractor trailers) present some additional hazards on the roadway that regular vehicles do not.

Armando Mendoza, 88, found this out quite abruptly one day when he was driving southbound on a multi-lane highway. The south and northbound directions of the highway were separated by a crossover.

Driving a tractor-trailer for Metals Supply Co., Ltd., Milford McGruder pulled out of a private driveway and began crossing the southbound lanes. McGruder’s cab made it to the crossover but the trailer was obstructing the southbound lanes as Mendoza approached.

Unable to change lanes, Mendoza collided with the trailer and suffered some pretty serious injuries, including a fracture to his left orbit, nasal bones and ribs. He also sustained a deep-bone contusion to his right knee and a torn medial meniscus as well as a mild closed-head injury and herniated disks. In addition to these painful injuries, Mendoza suffered from depression as a result of the accident.

The injuries and depression alone added up to $78,000 in medical expenses, not to mention unspecified future expenses Mendoza is expected to incur.

Considering all of this, Mendoza sued McGruder, alleging the truck driver failed to yield the right-of-way.

Mendoza also sued Metals Supply alleging the company had superior liability for its employee’s negligence. The 88-year old retiree (…plaintiff in this case) alleged the company was negligent ns its hiring, training and monitoring since their driver, McGruder, had a previous crash and several violations on his records at the time of the accident.

After failing a post-accident drug test, McGruder was fired by the trucking company.

Metals Supply Co. denied liability, arguing that some of the plaintiff’s injuries were pre-existing and due to age-related conditions.

Regardless, the parties settled through mediation for an undisclosed, confidential amount.

If you’ve been involved in an accident with a tractor-trailer and sustained injuries and property damage, you may be entitled to compensation. To discuss your case and learn more, contact Knoxville truck-accident attorneys at the Gilreath Law Firm today.

Original story published in American Association for Justice ‘Trial’ Magazine

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