Driver hit by dump truck settles suit for $5M  

A woman who was injured after her SUV was struck by a dump truck that had run a stop light has agreed to settle her case for $5 million, her attorneys report. 

Kenneth Berger and Joel Hughes of Columbia and David Williams of Williams & Williams in Orangeburg said that their client, whose identity was withheld pursuant to a confidentiality agreement, suffered a concussion, a scalp laceration that required 11 staples, and other injuries that continue to negatively affect her.

“All concussive symptoms resolved, but ongoing neck pain caused frequent headaches,” Berger wrote in an email to Lawyers Weekly. “The pain also radiated into her shoulder, making everyday demands most mothers face more difficult. Persistent wrist pain likewise limited what the Plaintiff could do for her children and live-in family over the past two-plus years.”

Berger

Berger said that the at-fault driver refused a post-crash drug screening and was later fired. Berger said that the driver’s company’s vice president equated the refusal to guilt, and its safety director said that he refused the screening because he likely couldn’t pass it. The driver had a history of drug convictions and was arrested for drug distribution shortly after the crash, Berger said. 

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The driver denied any wrongdoing related to the crash, but he had used cardboard and visors to block two in-cab cameras, and the safety director admitted that he’d likely blocked the cameras because he was up to no good, Berger said. 

Berger said that while the punitive damages case focused mainly on the driver’s drug use and dealing, his employer shares the blame by sending a “repeat drug offender” with outstanding, out-of-state warrants to run trucks through Orangeburg County. 

“Unsurprisingly, the operations head, truck driver, vice-president, and owner were all related,” Berger said. “If they had shown the same care for the people of Orangeburg County as they did for each other, this crash would never happen, and an innocent mother would not be working to overcome lifelong impairment.” 

SETTLEMENT REPORT — MOTOR VEHICLE CRASH 

Amount: $5 million 

Injuries alleged: Concussion, laceration, and neck, shoulder, and wrist pain 

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Case name: Withheld 

Court: Withheld 

Date of settlement: Dec. 16 

Special damages: $33,668.79 

Attorneys for plaintiff: Kenneth Berger and Joel Hughes of Columbia and David Williams of Williams & Williams in Orangeburg 

Attorneys for defendants: Withheld 

The post Driver hit by dump truck settles suit for $5M  (access required) first appeared on South Carolina Lawyers Weekly.

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