Bob McCarthy* had faced his fair share of challenges. His first marriage had failed, he was estranged from his teenaged son, and he had been hurt at his construction job in Ohio. But Bob was finally rebuilding his life. He was weeks away from marrying again, he was finally healthy and ready to restart work, and he was repairing his relationship with his son. His life was getting back on track when tragedy struck one autumn afternoon.
Bob was driving home on his motorcycle and he had the right of way when a semi-truck driver ran through a stop sign. Bob hit his brakes hard and, realizing he was not going to be able to avoid a collision, tried to protect himself by putting the bike down on its side. In his attempt to avoid the oncoming semi, Bob was tossed from the bike and he rolled toward the approaching truck.
Making matters worse
Shockingly, the truck driver, who was hoping to evade blame for the accident, decided to flee. As he pulled his huge truck away from the motorcycle to head for clear road, he felt a thump, as if he were going over a speed bump. That speed bump was Bob’s chest and head. Realizing what he had done, the trucker panicked, sped off, and left Bob’s lifeless body lying there in the roadway.
A motorist in a nearby car witnessed the incident. She followed the truck back to the company yard and confronted the driver, who denied everything, hopped back into his truck, and took off again. At this point, the motorist informed the police of the accident and provided part of the truck driver’s license plate number. Soon after, the police caught the trucker, and though he initially denied the charges, he eventually confessed to the crime.
Not so obvious
One would think the verdict in a wrongful death case like this would be obvious, but things became complicated. Unbelievably, the trucking company tried to shirk their own responsibility in the accident by blaming Bob, the victim. You see, the autopsy report revealed small traces of alcohol and cocaine in Bob’s blood system. They argued that he was impaired and that had he been stone cold sober, he would have been able to avoid the accident and would still be alive today.
It wasn’t right that Bob was being blamed for his own death. That’s when we knew we had to get involved.
As wrongful death attorneys, we have to examine all the facts of the case—the good and the bad. The autopsy report wasn’t good, but it didn’t paint the complete picture. From the toxicology evidence, we determined that Bob had consumed one beer about two hours before he got on the motorcycle and the cocaine in his system was ingested the night before. Based on that timeline, he would not have been impaired during the accident. The fact that Bob reacted in a quick and logical manner also helped prove this. We also presented testimony that Bob was one of the most skilled and careful motorcyclists around, that he was wearing a helmet, and that he was going the speed limit.
Bad driving record
At the same time, we uncovered that this was not the truck driver’s first accident. We argued that the company had hastily hired him and failed to check his references thoroughly. If they had, they would have learned he was fired previously due to three preventable accidents he was involved in over a very brief period of time.
Although the company that hired the trucker did run his name through an online system that vets the motor vehicle record of commercial drivers, they ignored the advice from their insurance representatives who said the driver was a poor risk and shouldn’t be employed. We argued that the company and their insurance carrier were liable for the accident since they did not do an adequate job of screening their employee, whose conduct and actions were their responsibility.
Family matters
We also spent many hours talking to Bob’s family, friends, and coworkers to gain perspective and offer the jury a complete profile of his character. While Bob had made mistakes in the past, he was making efforts to turn his life around. In many ways, the fact that he was in the process of rekindling his relationship with his son and marrying again made the accident even more tragic.
Ultimately, the jury chose to provide Bob’s estate with monetary compensation. Because Bob’s son was a minor at the time of the accident, we made sure the money was put into a trust so that his son would eventually be able to attend college, purchase a home, and raise a family of his own—all those things that a loving father, like Bob, would have helped provide for his son had his life not ended so tragically.
While a monetary settlement can never make up for the loss of a parent, it can serve as part of their legacy, ensuring that a child left behind can go on to lead a happy and productive life.
*Names in this article have been changed to protect our client’s privacy.
The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.
