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wheelchair V. TRUCK


the case

Plaintiff was in her wheelchair crossing an intersection within a marked crosswalk when a big rig tractor-trailer making a right-hand turn struck Plaintiff's wheelchair. Plaintiff sustained a right shoulder fracture; left leg fracture, and multiple bruises, abrasions, and lacerations on her body and face. Plaintiff brought claims against the driver of the truck that struck her, the trucking company that the driver was working for at the time of the crash, and the trucking company whose DOT motor carrier authority the truck driver was operating under at the time of the crash. The trucking company and motor carrier blamed the driver and argued that they were not responsible for the driver's negligence, as he was an independent contractor. Defendants also contested the nature, extent, and value of Plaintiff's injuries and damages. The case resolved for the insurance policy limits of the truck driver and one of the trucking companies, with additional funds paid by the second trucking company.

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