Louisiana Head-On Commercial Truck Collision Dispute Settles

A head-on collision involving two tractor-trailers in Houston, Texas, resulted in the deaths of both drivers and a fire that destroyed a shipment of coffee packaging materials. The materials, valued at $228,731.89, were being transported to New Orleans, Louisiana, for Amcor Flexibles Denmark ApS. Amcor's insurer, AAI Limited, paid Amcor the full value of the goods and subsequently became subrogated to Amcor's rights.

AAI then filed a subrogation lawsuit in the United States District Court for the Western District of Louisiana. The complaint alleged motor vehicle negligence against the estate of the other driver, the driver's employer, Design Transportation Services, Inc., and its alleged insurers, Great West Casualty Company and Lexington Insurance Company. AAI sought to recover the value of the lost goods, plus associated freight and duty costs. The defendants denied liability, asserting defenses that included third-party fault, unavoidable accident, a sudden loss of consciousness by their driver, and contributory negligence. The case was later transferred to the United States District Court for the Middle District of Louisiana.

All parties involved — Amcor, AAI, the estate of the driver, Design Transportation, and Lexington — ultimately reached a settlement agreement. The court was notified of the resolution, and an order was subsequently entered dismissing the case without prejudice.