Trucking Defense

WMR Defense has defended regional trucking companies, national carriers, interstate brokers, short haul truckers, and coal truckers against allegations of violations of the Federal Motor Carrier Regulations, Federal Motor Carrier Safety Act and other federal and state regulations.  Our attorneys are trained in hands-on investigation of trucking accidents, arriving on scene as soon as possible after first contact with expert witnesses to assist in our initial evaluation.  We establish contact quickly and review all necessary records from state and federal agencies so that we can provide a prompt evaluation of liability to our clients.

Our attorneys are available 24 hours a day at (859)230-1165, to accept your call in the event of an accident.


Representative Matters

Tamela Hill was navigating a narrow mountain bridge.  A driver of a commercial vehicle approached from the opposite direction.  As the two met on the bridge, there was a serious collision.  Hill filed suit against the employer of the commercial operator.  Our firm, representing the defense, presented the testimony of a biomechanics expert who indicated that Hill's injuries would have been greatly mitigated if she had been wearing a seat belt.  The defense also presented a neuropsychiatry expert who diminished the notion of a permanent brain injury caused by the collision, linking those symptoms instead to multiple life stressors.  Hill asserted damages in excess of $2.7 million.  She received nothing, however, when the jury returned a verdict for the defense.  Hill v. Busy Bee Septic, Floyd Circuit Court 10-CI-223. 

Coy Turner was operating a grain truck for his employer.  As he drove, the truck's left front wheel fell off.  Turner lost control and struck an oncoming Jeep Cherokee driven by Barbara Smith.  Smith sued Turner and his employer for more than $1.6 million.  WMR Defense represented the defense, asserting that the wheel's falling off constituted a sudden emergency.  The defense also implicated Smith's failure to wear a seat belt, and an expert for the defense testified that Smith could have avoided the accident had she been more attentive.  Finally, Smith's damages were diminished by the defense's neurosurgery expert, who opined that Smith's complaints had a somatic component and that she could return to work.  The jury returned a verdict for the defense, and Smith took $0.  Smith v. Turner et al, Adair Circuit Court, 08-CI-0083.
See KYTCR report.

Earl Green and his wife and daughter were passengers in a vehicle that was rear-ended by a commercial vehicle.  While the Greens were not injured at the scene, they reported later that day to the ER.  They have since been treated for wide-ranging soft-tissue symptoms.  The Greens filed suit against the driver of the commercial vehicle and his employer, claiming in excess of $415,000 in medical expenses and future care.  As the result of a zealous defense lead by John W. Walters, the jury returned a $0 verdict.  Johnson et al v. Republic Diesel, Johnson Circuit Court 11-CI-274. 

A rollover accident that occurred after two truckers met in an S-Curve on a narrow rural road resulted in a trial before the U.S. District Court at Covington.  After brief deliberation, the jury returned a unanimous verdict in favor of the defendant who was represented by Melissa Thompson Richardson. French v. Clarksville Stave & Lumber Co., Ltd., U.S. Dist. LEXIS 6871.