Plaintiff fatally injured after box truck crash $18.15 million settlement

Action: Motor vehicle accident

Injuries alleged: Wrongful death and survival

Amount: $18,150,000

Name of mediator: Kip Darwin of Holcombe Bomar in Spartanburg

Date: Dec. 8, 2024

Most helpful experts: Oliver Wood, Jr., Ph.D. and Andrew Wood, J.D., MPAcc, both economists; and Rob Lee of the Vector Group, accident reconstruction

Attorneys: Ryan Langley and Matt Foss of Langley Law Firm in Spartanburg; Charlie Hodge of Hodge Law Firm in Spartanburg; and Joseph Padgett and Tyler Love of Roden Law Firm in Brunswick, Ga. (for the plaintiff)

The driver of a passenger truck was traveling on Interstate 20 when, according to a witness, he was struck by a box truck driver who crossed through the median cable barrier and entered the opposite lane of travel and hit the plaintiff’s vehicle. The 62-year-old plaintiff was treated for many weeks for his injuries but ultimately died.

The plaintiff’s counsel obtained a video of the event that showed the collision. Counsel also obtained an image of the crash data of the box truck from an electronic data recorder download.

Counsel for the defendant driver admitted fault but denied that there was any punitive exposure for three reasons: first, the box truck driver was an older man, deeply remorseful for the loss, with no history of driving infractions. Secondly, the data recorder showed that the box truck driver was not driving at an excessive speed; and third, they claimed the wreck happened because the defendant driver lost control when he attempted to pick up a dropped water bottle, not because of excess hours or intoxication, per the post collision drug and alcohol testing.

There was an impasse at the first mediation, but the mediator continued the negotiations, and the third-party case was resolved about a month later.

Before resolution of the third-party case, the plaintiff’s counsel negotiated a resolution of the workers compensation claim, which included payment of $150,000 and a waiver of the lien for recovery of medical expenses.

The decedent’s medical bills totaled approximately $3 million and alleged lost wages and earnings capacity equated to approximately $1.4 million.