At Kalka & Baer LLC, not only do we represent injured parties, but we also represent the family members of victims who have lost their lives in
wrongful death cases – deaths that were caused by the negligent actions of others. Below are the details of a recent wrongful death case handled by our firm.
On May 22, 2014, our client was killed on the I-95 in a tragic truck accident. Attorney Tony Kalka was dispatched to the accident scene to conduct an investigation and prove the truck driver's negligence within four days of the accident.
Over the course of 12 days, Attorney Kalka worked tirelessly to work faster and more efficiently than the trucking company and the insurance company. Not only did he call in a team of experts to thoroughly inspect the truck and the accident scene, but he personally spent days at the scene of the accident, investigating every part of the truck, he also tracked down every possible witness.
His hard work paid off and resulted in the discovery of two witnesses that helped prove that the truck driver was negligent. Tony's investigation revealed that the truck driver had violated the Federal Motor Carrier Safety Administration's hours of service regulations (HOS regulations), which truck drivers are required to adhere to when driving trucks that weigh 10,001 pounds or more for the purposes of avoiding fatigued driving. He also discovered that the truck's R2 brake was inoperable.
Examples of the FMCSA HOS Regulations:
- The work week for a truck driver is limited to 70 hours.
- Truck drivers who reach the maximum 70 hours of driving within one week can resume if they rest for 34 consecutive hours.
- Truck drivers are required to take a 30-minute break during the first eight hours of a shift.
- Truck drivers have an 11-hour daily driving limit and a 14-hour work day limit.
Attorney Kalka was able to prove punitive damages against the trucking company, which are damages only awarded in special cases where the defendant's conduct was outrageous. Such damages are designed to deter the defendants and similar parties from making such errors in the future.
The case settled outside of court during mediation and at $1,875,000, which was the highest settlement award in that county, breaking the county record.
If you would like to get in touch with Kalka & Baer LLC regarding a personal injury or wrongful death claim,
give us a call to schedule your free case evaluation! We can be reached at (404) 334-4831..