Truck Accident Lawyer News

U.S.D.C. – WESTERN DISTRICT OF LOUISIANA – Gordon, Elias & Seely, LLP, nationwide truck accident lawyers, represent a Riverdale, Michigan man who sustained injuries to the neck, right shoulder and back due to the negligence of Eagle Distributing Of Shreveport, Inc.

The plaintiff is a 64 year-old construction worker who is disabled due to the subject incident. He is a resident of Riverdale, Michigan.

The incident occurred on September, 16, 2009, as the plaintiff was traveling West on I-20 in Bossier City, Louisiana.

The plaintiff was at a stop due to congested traffic when the International Tractor operated by truck driver, Robert Blakeley, struck the plaintiff in the rear causing his vehicle to run off the highway and into a ditch.

MULTIPLE DEFENDANTS  NAMED:

EAGLE DISTRIBUTING OF SHREVEPORT, INC.
RYDER TRUCK RENTAL, INC.
THE NETHERLANDS INSURANCE COMPANY
ROBERT GRADY BLAKELEY

• Eagle Distributing of Shreveport, Inc. – This defendant is a Louisiana corporation whose principle place of business is in Shreveport, Louisiana
• Ryder Truck Rental, Inc. – Ryder Truck Rental is a Florida corporation. Their headquarters are located in Miami, Florida. Ryder conducts business across the United States as well as internationally.
• The Netherlands Insurance Company – This particular defendant is a New Hampshire corporation. While their headquarters are located in Grenada, West Indies, this insurance provider conducts business across the United States.
• Robert Grady Blakeley – Mr. Blakeley is an individual residing in Shreveport, Louisiana The defendant driver, Robert Grady Blakeley was employed by Eagle Distributing of Shreveport, Inc. at the time of the subject incident. Eagle Distributing of Shreveport, Inc. has been sued under the legal doctrine of respondeat superior.

The 2009 International Tractor driven by Robert Blakeley was owned by Ryder Truck Rental, Inc. Ryder Truck Rental has been sued for negligently entrusting this tractor to Mr. Blakeley.

At the time of this collision, the actions of Defendants G & G Distributing Corp., Robert Blakeley and Ryder Truck Rental were covered by a valid policy of automobile liability insurance with Defendant The Netherlands Insurance Co. Since Netherlands Insurance Company insured the rig driven by Mr. Blakeley. In Louisiana, the plaintiff  has a statutory right to proceed against the insurance company. The statute which gives him this right is Act No. 253 of 1918, as amended and reenacted by Act No. 55 of 1930 reading in part as follows:

“Provided further that the injured person or his or her heirs, at their option, shall have a right of direct action against the insurer company within the terms, and limits of the policy, in the parish where the accident or injury occurred, or in the parish where the assured has his domicile, and said action may be brought either against the insurer company alone or against both the assured and the insurance company, jointly and in solido.” [This is commonly known as a “Direct Action Statute”]

Plaintiff will show that his injuries and damages were proximately caused by the negligence of defendants.

NEGLIGENCE

Gordon, Elias & Seely will prove that this collision was caused solely by the negligence of Defendant Robert Blakeley following particulars:

1. Failure to keep a proper lookout
2. Excessive speed considering then prevailing conditions
3. Failure to notice the imminence of an accident and take steps to
   avoid same
4. Failure to maintain proper control of his vehicle
5. Failure to yield
6. Smashing into the rear end of the plaintiff’s vehicle
7. Failure to maintain an assured clear distance between his vehicle
   and the plaintiff”s vehicle
8. Failure to timely apply his brakes
9. Careless operation

Other particulars which will be shown upon the trial of this matter.

At the time of the accident made the basis of this suit, Defendant Robert Blakeley was acting within the course and scope of his employment and/or agency relationship with Defendant G & G Distributing Corporation for the purposes of respondent superior liability. Defendant Robert Blakely breached his duty to exercise ordinary care and operate his vehicle reasonably and prudently.

It is alleged that, at the time of this collision, Ryder Truck Rental, Inc. had knowledge that Robert Grady Blakeley was an incompetent driver and, therefore, negligently entrusted the tractor to him.

DAMAGES

Defendants’ negligence was a proximate cause of the occurrence and of the following injuries and damages suffered by Plaintiff:

1. Plaintiff has incurred reasonable and necessary medical expenses in the past, and, in all reasonable medical probability, will incur reasonable and necessary medical expenses in the future;
2. Plaintiff has suffered physical pain and suffering in the past, and, in all reasonable probability, will continue to suffer physical pain in the future;
3. Plaintiff has suffered mental anguish in the past and, in all reasonable probability, will continue to suffer mental anguish in the future;
4. Plaintiff has sustained a loss of wages in the past and/or loss of earning capacity in the past and, in all reasonable probability, will continue to sustain a loss of earning capacity in the future; Plaintiff has suffered physical disfigurement in the past and, in all reasonable probability, will continue to suffer physical disfigurement in the future;
5. Plaintiff has suffered physical impairment in the past and, in all reasonable probability, will continue to suffer physical impairment in the future and property damages.

Plaintiff seeks damages in an amount that is within the jurisdictional limits of the court.

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Since trucking laws are governed by hundreds of regulations, litigation can be very complex. Hiring a truck accident attorney who specializes in the numerous trucking laws throughout the United States is essential for a successful verdict outcome. For more information about Louisiana trucking laws, Michigan trucking laws and Florida trucking laws, talk to an expert truck accident lawyer 24/7 at 800.773.6770.

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