$600,000 Improper Loading Settlement for Truck Driver
Peoria, IL – July 2015
Whiting Law Group secured an improper loading settlement of $600,000.00 on behalf of a Plaintiff seriously injured when an approximately 1,500 pound of baled cardboard fell on him. The firm’s founder and lead truck accident attorney, Tim Whiting, lead the pursuit of justice together with his parter, Sara Davis and associate, Torrie Poplin, to win a fair and just improper loading settlement.
An Improper Load of Cardboard Bales
In January of 2013, the Plaintiff was delivering a load of baled cardboard to a recycling facility in Peoria, Illinois in his tractor-trailer. After arrival at the delivery site, the Plaintiff, Frank Knap, parked his truck and began to prepare to upload the bales of cardboard. A single bale of cardboard weighed approximately 1,500 pounds.
As Mr. Knap opened the rear doors of his trailer, one of the bales of cardboard fell out of the truck and onto Mr. Knap, pinning him underneath its weight. Due to its immense weight, Mr. Knap could not free himself from the bale and needed help from staff at the recycling facility to get out from underneath the bale. It was immediately clear that Mr. Knap was seriously injured by the bale and immediate need of medical attention.
As a result of being knocked down by the bale of cardboard, Mr. Knap sustained significant injuries including a right medial tibial plateau fracture, right open bimalleolar ankle fractures, a left sacral fracture, a left proximal femur fracture, bilateral pubic rami fractures, and left anterior 7th and 9th rib fractures. Mr. Knap underwent four surgeries: two to his pelvis, one to his right knee, and one to his right ankle.
Fortunately, for Mr. Knap, he was able to make an excellent recovery from his injuries. In fact, he was able to return to work at a light-to-medium demand level.
Progressing Load Securement Cases
As a truck accident attorney, Tim Whiting is a thought leader on pursuing justice in load securement cases. He has written an article about this important topic, A 3-Step Guide To Evaluating A Load Securement Case, which was published in the American Association for Justice’s TLG Journal of Trucking Litigation
Improper Loading Settlement
In the fight for justice, the personal injury and truck accident attorneys at Whiting Law Group argued that the bales were improperly loaded – that is, loaded into the trailer in an unsafe manner, creating a hidden and dangerous condition, which resulted in the bale shifting during transport. The shifting of that heavy bale of cardboard was the direct and proximate cause of the Plaintiff’s injuries.
The Defendant argued that the Plaintiff failed to conduct a pre-trip inspection of the load, as required by federal regulations.
In pursuing the truck case, Whiting Law Group took over 20 depositions and hired six of the best experts in the trucking industry. Through the tenacity of their efforts, and thanks to Tim Whiting’s years of experience and success in litigating complex truck accident cases, Whiting Law Group secured an improper loading settlement of $600,000.00, which includes an 80% reduction in the worker’s compensation lien.
The firm has also won numerous cases that were either settled or tried before a jury and resulted in millions of dollars in recovery for the firm’s clients over the past 15 years.