Perseverance: Losing the Battle, Winning the War

BY COREY DIETZ

“The arc of the moral universe is long, but it bends toward justice.” – Dr. Martin Luther King, Jr.

On December 10, 2016, a young father-to-be was driving home from his work holiday party to his expectant fiancé. In the early morning, he was on Interstate 280 in West Orange, New Jersey. He collided with a disabled tractor-trailer illegally parked partially in his travel lane. The collision resulted in the tragic death of the truck accident victim and the tractor-trailer operator.

Truck Accident Victim Lost to a Tragic Accident

An investigation of the collision by the New Jersey State Police determined that both drivers were at fault. An autopsy had confirmed alcohol was present in the driver’s system. With these facts, the investigation closed the collision as nothing more than a tragic accident. However, the family wanted answers.

Initially, the case was handled by two prior law firms. Both said there was nothing they could do to help. By chance and before exhausting all options, the family reached out to Brach Eichler Injury Lawyers. We decided to fight and get the answers on how such a collision could have occurred.

This case stood out

After filing the Complaint, I received information that at the time of the collision, the tractor-trailer was grossly overweight, violating federal law. The truck also lacked the necessary reflective tape on its rear designed to provide visual cues to motorists about a truck’s distance and “conspicuity.” Defined as the quality of being clear or bright. Further, the tractor-trailer operator failed to put out any warning flares or hazard triangles to warn oncoming motorists. Finally, and most significantly, virtually all of the truck’s brakes were “Out of Service” at the time of the crash. The truck should have never been on the road.

Following an oral argument with a three-judge panel, the Appellate Division agreed with our position that the negligence of the trucking company and its operator clearly created a question that only a jury could decide and reversed the trial judge.

The Trucking Company Finally Agreed to Pay

Only after this appeal did the insurance company for the trucking company finally agree to pay the family for the company’s negligence. After almost six years of bitter fighting, the family of the victim at last had the answers that they initially sought and, most importantly, got the justice they deserved despite the many obstacles that were put in front of them.

As a firm that is not afraid to take on the tough cases often rejected by others, this case stands out. We were honored to spend numerous hours investigating this collision, fighting the insurance company, and bringing justice to a long overdue family.