Defective Roadway Construction Causes Driver to Suffer Traumatic Injuries

Brain Injury, Truck Accident

Our client, a 57-year-old armored truck driver, was driving on a highway during a heavy downpour when his vehicle hydroplaned, crashed into the median, and flipped upon striking the barrier.

As a result, he was hospitalized for acute and rehabilitative treatment for more than six months. He suffered significant brain injury at multiple levels—including internal bleeding; skull and neck fractures requiring a cervical fusion resulting in an 80 percent loss of range of motion; and multiple shunt procedures caused by hydrocephalus. He still requires assistance with daily activities.

Less than two months after his wreck, another vehicle was traveling on that same section of roadway during a rainfall when it hydroplaned and crossed through the median in the same place as the earlier accident. This accident killed several people in another car.

The North Carolina Department of Transportation found that this portion of road had been poorly constructed, which caused rainwater to drain incorrectly and potentially result in dangerous driving conditions. In fact, during our own investigation, we discovered that the crash ratio per million miles driven was almost 10 times higher for the zone containing this section of roadway, as compared to the statewide average.

We filed suit against the general contractor, the paving company, and the construction engineering inspection company for failure to:

• construct the road according to the plans and specifications,
• properly use automatic slope controls and other appropriate paving techniques during the paving process,
• and use proper inspection techniques to ensure conformance with the plans and specifications.

In addition, there were allegations of employer negligence for failing to properly maintain the armored truck, which ultimately resulted in a substantial reduction in the workers’ compensation lien.

We reached a settlement of approximately $9.5 million, which included: a $3.25 million lump sum cash payment; a waiver of a $2.4 million workers comp lien comprised of past medical bills and lost earnings; and a negotiation of an agreement with the workers’ comp carrier for continuing coverage of our client’s medical care and case management services for his lifetime, conservatively valued at approximately $4 million.