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A California Widow Gets $11M Judgment After Debunking the Defense’s Theory in Her Wrongful Death Case

In any civil case, you, as the plaintiff, are going to have one version of the facts of the case. The defense is very often going to have a version of the facts that differs, many times dramatically, from your version. The key to success, then, is having stronger proof that makes your version of the facts more credible. In other words, find the evidence you need to debunk the defense’s theory of the case and you may be well on your way to a successful outcome. When it comes to acquiring and interpreting the information you need for your case, be sure to rely on representation from a skilled San Mateo injury attorney.

As reported by trucking publication, K.G. was a spouse having to deal with an unthinkable trauma: her husband had died in a vehicle accident. Prior to the accident, a commercial truck driver had parked his big rig alongside the shoulder of the transition lane between two freeways in Pomona. Before he could move his truck, a box truck slammed into the semi. Allegedly, another driver cut off the box truck and the box truck driver swerved to avoid that collision, only to crash into the corner of the semi.

The accident left both the semi driver and K.G.’s husband, who was a passenger in the box truck, dead. K.G. sued the trucking company that employed the deceased driver, alleging that the driver was negligent in parking where he did and that his negligence caused the crash and the box truck passenger’s fatal injuries. (Los Angeles Superior Court Case No. BC536714.)

The defense in K.G.’s case asserted that the semi driver had only parked due to a mechanical malfunction in his truck and that the collision was the result of the box truck driver’s reckless operation of that vehicle, not any negligence by the semi driver.

Success for K.G., then could be greatly enhanced by proving that the semi didn’t experience any mechanical problems and that the driver stopped for some other reason. A skilled expert with in-depth knowledge and strong opinion evidence could go a long way in establishing that there was nothing wrong with the truck, which K.G.’s side was able to do. The widow also had police reports, in which law enforcement officers reported finding nothing mechanically wrong with the big rig.

What was less likely, but at least as persuasive, was discovering evidence that pointed toward a very different reason for the stop. K.G. had evidence from the coroner’s office that the semi driver was found at the scene with his pants unzipped and down. An expert coroner did an analysis and discovered that the semi driver’s bladder was completely empty at the time of his death. According to the expert coroner, that could only happen if the patient had urinated in the moments immediately prior to his death. In other words, the plaintiff’s contention was that there were no mechanical flaws with the truck and the evidence pointed to the driver pulling onto the shoulder illegally to urinate on the side of the road as a means of saving time.

The presentation of all of these explanations, backed up by persuasive experts and other impressive evidence, had a powerful effect. The widow was able to secure a substantial verdict, with the jury awarding a total of $11 million in damages.

Winning your vehicle accident injury case requires many things. What you absolutely must have, however, to secure a successful outcome is strong evidence. Getting and interpreting the information you need is one area among many where diligent and skilled representation can help. The experienced San Mateo personal injury attorneys at the Law Offices of Galine, Frye, Fitting & Frangos have been helping injured people for many years to do exactly that. To set up a free consultation with one of our experienced attorneys, contact us at 650-345-8484 or through our website.

More Blog Posts:

A Southern California Family Receives a $4.528M Verdict After a Fatal Pedestrian-Versus-Truck Accident, San Mateo Injury Lawyers Blog, Published December 19, 2018

California Brothers Obtain $52M Verdict For Injuries Suffered in Crash with Commercial Truck, San Mateo Injury Lawyers Blog, Published May 25, 2018

Truck Accident

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