08/02/2022
August 30, 2022 - Attorneys Michael Lenert and Lauren Edmunds recently settled a fatal trucking accident lawsuit for $775,000 -$275,000 above the available insurance policy limits - after the insurance company originally denied liability, claiming its insureds were not responsible for the crash. The crash occurred in Glenwood, Iowa after a semi-truck’s front tire delaminated, causing the driver to cross the median and swerve into the oncoming traffic, colliding with our client’s vehicle and causing it to roll over several times and land in a ditch on the side of the highway. Sadly, our client’s husband was tragically killed in the fatal crash.
The case was not without challenges as defendants denied liability for almost two years following the crash, claiming the tire delamination was an “act of God” that neither the driver nor the company he worked were liable. The case was ultimately referred to Meyers & Flowers just two months before the status of limitations ran.
After taking on the case, Mr. Lenert immediately investigated all potential claims, retained multiple experts, and filed a lawsuit in Mills County, Iowa. Through their investigative efforts, Mr. Lenert and Ms. Edmunds quickly dispelled any claim that this tragedy was an “act of God” by determining that the the tire which blew out was manufactured eleven years prior to the date of the crash and had not been properly maintained. Through extensive discovery, additional evidence was uncovered establishing the company’s failure to maintain its equipment and implement appropriate policies and procedures to educate its drivers regarding the operation and inspection of their vehicles.
Ultimately, the insurance carrier tendered its $500,000.00 policy limits. This offer, however, was rejected due to its prior unreasonable denial of liability and the company’s failure to procure adequate liability insurance limits as required under the Federal Motor Carrier Safety Regulations. After months of protracted negotiations, attorneys Lenert and Edmunds were able to secure an additional contribution of $275,000.00 over the $500,000.00 policy limits. According to Mr. Lenert, “This tragedy was one that could have been avoided had this company simply complied with its obligations to maintain its vehicles and properly train its staff on the proper inspection and operation of its vehicles. Simply offering its inadequate policy limits after summarily rejecting my client’s claims for more than two years was unacceptable. Although this settlement fails to bring back a young husband and father, our client is hopeful that it will place other companies on notice that such conduct will not be tolerated.”
Meyers & Flowers long history of success in wrongful death and trucking cases comes from our dedication to helping protect the rights of those injured or harmed in such cases. For more information on how we can help you or a family member, contact us here or by phone at 630-232-6333.