North Carolina Jury Awards $4,000,000 in Rear-End Collision

On April 20, 2015, a three-vehicle rear-end collision occurred on Interstate 74 east of Maxton, North Carolina. A truck driver, operating a partially disabled bobtail truck, was struck from behind by a tractor-trailer. The incident also involved a co-worker's pickup truck that was following the disabled vehicle. The plaintiff truck driver sustained multiple injuries, most seriously a traumatic brain injury, which resulted in permanent cognitive deficits, chronic headaches, blurred vision, and dizziness, impacting his earning capacity. His co-worker was pronounced dead at the scene.

The plaintiff filed a lawsuit against the tractor-trailer driver's employer, alleging negligence in the operation of the tractor-trailer and vicarious liability on the part of the employer. The lawsuit claimed the tractor-trailer driver failed to apply brakes or take evasive action, despite clear weather and good visibility. The plaintiff's disabled bobtail truck and the co-worker's pickup truck were traveling slowly with warning flashers activated in the right lane of the interstate when the collision occurred.

The defense contended that the plaintiff and his co-worker were contributorily negligent by operating their vehicles at a significantly slower speed than the posted limit on a major highway. The case proceeded to a jury trial. After a one-week trial, the jury found the tractor-trailer driver and his employer 100% liable for the accident. The jury awarded the plaintiff $4,000,000 in damages.