Our clients were seriously injured when a fully loaded commercial dump truck ran a red light and caused a violent, multi-vehicle collision in Overland Park, Kansas.
Our clients were traveling through an intersection with a green light—one driving and the other properly restrained as a front-seat passenger. At the same time, a commercial dump truck exited U.S. Highway 69 carrying a full load of quarry rock. The truck failed to stop at a red light and slammed into the passenger side of our clients’ vehicle.
The force of the impact pushed their vehicle across multiple lanes of traffic, over a curb, and into a steel traffic signal pole. Multiple airbags deployed. The collision involved several vehicles and was captured on dash-camera video from a nearby motorist. Emergency responders arrived on scene, and both clients required immediate medical evaluation and treatment.
Our Investigation Reveals Preventable Mechanical Failure
The investigation showed this crash was entirely preventable.
Before operating the dump truck that morning, the driver performed a required pre-trip inspection and discovered the truck’s brakes were out of adjustment. He reported the problem to his supervisor but was still instructed to drive the truck without repairs or further inspection.
After loading thousands of pounds of quarry rock, he exited the highway and realized the brakes were not functioning properly. Unable to stop, the dump truck ran the red light and caused the crash.
Our firm investigated and hired experts. Inspection of the truck confirmed it had multiple safety defects. The truck also had approximately 600,000 miles on it and had not been properly maintained.
Commercial trucks with faulty brakes should never be on public roads. The evidence made clear that the trucking company failed to follow basic safety practices designed to prevent exactly this type of collision.
Crash Caused Severe Injuries
One of our clients sustained a large open wound to her lower left leg that became infected and necrotic, requiring repeated painful debridement, wound-vac therapy, and months of home-health care. Healing took many months and involved constant pain, fear of infection, and significant loss of mobility.
Due to trauma to her knees and lower extremities, she ultimately required bilateral total knee replacement surgeries. Recovery was long and difficult.
Settlement Before Trial
When the insurance company attempted to lowball our client, we initiated a lawsuit. After a detailed investigation, expert testimony, and persistent advocacy, the case was resolved a few weeks before trial was scheduled to commence for a total amount of $1,450,000.
While no settlement can undo the harm caused, this resolution reflects the seriousness of the injuries and the responsibility of commercial vehicle operators to protect the public by following basic safety rules.
