Beaumont Jury Awards $19.2M in 18-Wheeler Rear-End Collision

In February 2017, an 18-wheeler tanker truck rear-ended a sport utility vehicle on Interstate 10 in Beaumont, Texas, after the SUV began to smoke and rapidly decelerate. The SUV's driver, a college student, suffered a head injury, and the vehicle was propelled into a retaining wall. The driver and the SUV's owner filed a lawsuit against the truck driver, his employer, Genesis Energy L.P., and related entities, alleging negligence in the truck's operation and in the employer's retention of the driver for hazardous material transport. The tanker was loaded with hydrogen sulfide.

The plaintiffs contended that the truck driver was speeding, fatigued, and operating a dangerous cargo vehicle negligently. Evidence presented included data from the tanker's engine control module, which indicated the driver was traveling 71 mph in a 60 mph zone just before the smoke appeared and 61 mph at impact. Video footage reportedly showed the driver exhibiting signs of fatigue, and a sleep study later revealed severe obstructive sleep apnea. Plaintiffs argued that the employer should have known of the driver's risks and history, which included prior speeding violations and a previous rear-end accident. The driver suffered a traumatic brain injury, multiple herniated discs, a torn rotator cuff, and torn knee ligaments, requiring surgery and impacting his ability to pursue a firefighting career.

The defense argued the SUV's driver was negligent for failing to move to the shoulder in the 12 seconds between the vehicle smoking and the impact, suggesting he bore one-third of the responsibility. The defense asserted the truck driver slowed upon seeing smoke and denied negligent retention, emphasizing no cargo spill occurred. They also disputed the severity and cause of the SUV driver's injuries, particularly the brain injury, citing a lack of documented loss of consciousness and the unreliability of a SPECT scan. Defense experts opined that neck and back injuries were soft-tissue only and not accident-related, and noted the plaintiff had prior knee surgery.

After a 13-day trial, the jury found the truck driver and Genesis Energy L.P. negligent, and Genesis Energy L.P. grossly negligent. The jury did not find the SUV driver negligent. The plaintiffs were awarded a total of $19,215,778.98 in damages.