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Shannon Nielson, 38, and her lawyers win her case against a trucking company after she and her fiance were involved in a crash with a truck, taking the life of her fiance and causing her serious injuries

Accident Type: 
Motorcycle Accident
Incident Date: 
Friday, September 23, 2005
Result Date: 
Tuesday, March 3, 2009
Monetary Result: 
$775,361
On September 23, 2005, Shannon Nielson, a 38-year-old hairstylist, was riding on the back of a motorcycle that her fiance, Troy McDaniel, was driving on the Mt. Rose Highway in the Sierra Nevada range of California. As they were riding on the highway, they came across a flatbed truck operated by Carl McAlister, an employee of the White Cap Construction Supply company. McDaniel grounded the motorcycle to avoid striking the truck, which was making a U-turn on the two-lane highway. The couple skidded on the pavement towards the truck and were run over by its rear wheels. McDaniel died within the hour, however Nielson survived with injuriesto her pervic bone and her wrist. She was bedridden for three weeks and later used a walker and then crutches. Nielson, McDaniel's estate, and his parents decided to sue McAlister and his employer, and its corporate owner, Home Depot USA, Inc. Ten months before the trial, however, McDaniel's parents agreed to a confidential settlement with Home Depot, and were voluntarily dismissed from the trial. Nielson was therefore left as the only plaintiff at the trial. She and her lawyers argued that she and her fiance were traveling at approximately 40 MPH uphill and approached a slight curve. After taking the curve, she reported that she saw a truck positioned across the highway. As her fiance grounded the bike, they were propelled across the pavement into the truck. Subsequently, the trucks rear tires drove over McDaniel's chest and over her right hip. The defendants admitted liability on the first day of trial. Nielson claimed emotional distress at the thought of her open reduction surgery and the trauma related to the moments preceding the accident and at the time of the impact. In addition, the screws placed in her hip caused persistent irritation. As a yoga enthusiast, she can no longer perform certain poses, and the permanent discomfort of her right wrist has cause her difficulty in performing her work as a hairstylist. She therefore sought compensation for her medical expenses, loss of income, and emotional damages. In the end, the jury ruled in favor of Nielson. She was awarded $775,361.

Deceased motorcyclist's parents and their lawyers win their case against a laundry company after one of their drivers struck and killed their son

Accident Type: 
Motorcycle Accident
Incident Date: 
Monday, February 1, 1988
Result Date: 
Saturday, December 1, 1990
Monetary Result: 
$850,000

Mr. Martin, a 23-year-old airline baggage clerk was riding his motorcycle in February, 1988 when it collided with a laundry delivery truck owned by Peerless Laundry making a left turn into Martin's path. Mr. Martin died as a result of the accident.

Martin's parents decided to sue the laundry company for the wrongful death of their son. During the trial, it was revealed that the driver at the time was actually an accounts-payable clerk who happened to be filling in as a driver that day. Martin's parents and their lawyers argued that the laundry company was negligent in using an untrained employee as a driver, and that the driver was searching for an address at the time of the accident. They produced witnesses that stated that their son was driving within the speed limit with his headlight on at the time of the crash.

The dendant laundry company contended that the driver was not negligent. They argued that Martin was driving over 100 MPH at the time of the crash without his headlight on.

In the end, the jury sided with Martin's parents and their lawyers, awarding them $850,000.

The challenges of a wrongful death claim against a trucking company

A vehicle accident is scary, frightening, and awful. When that wreck results in the death of your loved one, it is one of the hardest things in life to go through. If it’s because of a truck driver or company’s negligence, it’s unconscionable. While you might want to file a lawsuit against the responsible parties, the thought of that might feel insurmountably difficult. You know it will be a long, uphill battle, and will take lot of mental and emotional preparation. Truck companies can be ruthless in dealing with accident victims, and will be trying to discredit you or simply fluster and frustrate you when you’re grieving, and just trying to stay afloat after a loved one’s death. Is your best option to simply take what the trucking company offers you in a wrongful death claim