Confidential
Settlement – $970,250Facts
The decedent, a 36-year-old bus driver was on his way to work at 4:00 a.m. on Aug. 14, 2000. He was traveling
southbound on Main Street approximately half a block north of Victoria Street in Compton. This is an
industrial area.
The defendant truck driver was in the area to pick up a load of steel. The vehicle he was operating was a cab
over tractor unit measuring a total of 65 feet. The area where the accident occurred was a four lane highway
with a 12 foot two-way turn lane dividing north and southbound traffic. The speed limit was 40 mph.
Before the accident, the truck driver had been traveling southbound and had pulled over to the west curb
adjacent to the steel yard. It was necessary to back the truck into the yard because the length of the cab and
trailer did not permit a turn around within the yard. The driver activated all of his flashing lights and pulled
across Main Street to the east curb blocking the northbound lanes. As the driver was backing up slowly across
the northbound and southbound lanes the crash occurred between the rear of the trailer and the left driver's side
of the decedent's rented vehicle. The collision occurred in the southbound # 1 lane.
The decedent was killed instantly in the crash. The decedent had rented the vehicle he was driving at the time
of the crash because his car was being repaired. Two independent witnesses at the scene stated that the
decedent was driving extremely fast (60 mph) with his lights off. Because the vehicle that the decedent had
rented had an automatic lighting system, the rental car company and the manufacturer were also sued as well
as the trucking company.
The police report had the decedent at fault for driving too fast for the conditions. The
plaintiffs are the decedent's wife, three minor children and his mother.
Settlement Discussions
After it was determined that the automatic lighting system was not defective the plaintiffs settled with the manufacturer of the vehicle on a confidential basis. Thereafter, the plaintiffs settled with the rental car company on a confidential basis. The case was settled for the mediator's recommendation of $950,000 from the trucking company.
Injuries
The decedent died at the scene. The plaintiffs were the widow, her three daughters, ages 12, 8 and 1+ years at the time of the accident, and the decedent's mother, to whom he gave some support.
Other Information
The case was mediated by Viggo Bosserup.
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