Austin Jury Awards $2.15 Million in Fatal Truck Crash

On October 6, 2014, a multi-vehicle collision occurred on Highway 183 in Austin, resulting in the death of a 30-year-old passenger. The decedent was traveling southbound in a vehicle when it was rear-ended by a truck towing a boom lift. The impact forced the passenger's vehicle into the highway's northbound lanes, where it was struck a second time by another car. The passenger died at the scene.

The decedent's family, including her mother, father, and daughter, subsequently filed a lawsuit. They alleged that the driver of the truck, an employee of Dynamic Industries Inc., was negligent in his operation, including failing to keep a proper lookout, control his speed, and avoid the collision. The family also claimed that the driver was distracted by a cell phone. They asserted that Dynamic Industries Inc. was vicariously liable for its employee's actions and negligent in its training and supervision policies. The driver of the initial passenger vehicle also filed a counterclaim against the truck driver and his employer.

During the trial, the family's accident reconstruction expert testified that the truck driver failed to control his speed, was inattentive, and lacked proper training for towing. The truck driver's employer conceded vicarious liability and that its employee had been following too closely. However, the defendants argued that the employee's hands-free cell phone use and any alleged lack of training regarding heavy equipment hauling did not contribute to the accident. Defense experts supported these contentions, while acknowledging the truck driver's negligence in following too closely.

After a seven-day trial and two days of deliberation, the jury found the truck driver 80 percent negligent and his employer, Dynamic Industries Inc., 20 percent negligent. The jury determined that the driver of the passenger vehicle was not negligent. Due to vicarious liability, Dynamic Industries Inc. was held 100 percent liable for the damages. The jury awarded the decedent's family $2.15 million and awarded the driver of the passenger vehicle $282,000 on his cross-claim.