Catastrophic Injures after Head-On Tractor Trailer Wreck

Jesus D. Pinales v. John Christner Trucking, LLC, Docket No. 3901 (Circuit Court-Brownsville, TN 2008)

In this case we represented a tractor-trailer driver from El Paso, Texas involved in a head-on collision with another tractor-trailer on Interstate 40 near Brownsville, Tennessee.  The defendant driver was traveling eastbound and our client was traveling westbound.  The defendant’s truck crossed the median and struck our client’s truck slightly behind the cab.   Our client was impaled on the gear shifter and sustained catastrophic internal injuries that required him to wear a colostomy bag and undergo five separate surgeries.  The defendant driver took the position that the veered from his lane because he was choking on food and was not negligent because he was confronted with a sudden emergency.  After extensive  discovery involving obtaining copies of the driver’s log books, fueling records,  and Qualcomm data from the vehicle,  we were able to establish that the defendant driver had been driving for 34 hours without sleep and without the necessary rest required by federal regulations.  Thereafter, the case was resolved very favorable for Mr. Pinales for a substantial amount.  However, the defendants insisted that the amount remain confidential.