$12.9M Settlement in Truck Crash That Killed a 46-Year-Old Woman
By Dean I. Weitzman, Esq. on February 23rd, 2015
A $12.89 million wrongful death settlement has been reached in the case of a 46-year-old Indiana woman who was killed in September 2011 when the car she was riding in was struck by an overhanging load from a tractor-trailer in the dark of night.
The woman, Pamela Beemer, of Elkhart, Indiana, was a passenger in a Lincoln Town Car being driven by Ernest D. Sailor, 87, when a tractor-trailer hauling an oversized load – a large part from a windmill tower – collided with the car on Sept. 16, 2011, according to a Feb. 17 story in The Goshen (Indiana) News. The crash occurred about 8:30 p.m. on a dark road when the Lincoln struck a part of the windmill that was overhanging in the car’s lane in the darkness, killing Beemer and two other passengers in the car, the story reported.
After the car hit the overhanging windmill component, which was hanging some two feet into the car’s traffic lane, the Lincoln spun around from the impact and then was struck by an escort pickup truck that was accompanying the tractor-trailer and its oversized load, the story reported.
The 87-year-old driver of the Lincoln, Ernest D. Sailor, survived the crash, as did Beemer’s husband, Robert C. Burg, 52, according to the story. Sailor’s 87-year-old wife, Maxine, and another woman, 85-year-old Virginia Miller, were also killed due to the crash.
Beemer’s husband filed a wrongful death lawsuit after the incident against the trucking company, it’s driver, the transportation broker that had arranged the moving of the windmill part and against the two escort drivers who were accompanying the rig, the story said. The lawsuit alleged that the trucking company, which was not named due to a confidentially agreement reached as part of the settlement, “had never hauled a wind tower and its employees were not trained to do so,” according to the report. “Also, the lawsuit alleges that the trailer being used was ‘homemade.'”
The suit also alleged that the driver was driving after dark, which violated state laws for oversized loads, and that the transportation broker “failed to notify the trucking company that a state police escort was required for the load.”
Beemer’s husband will receive the $12.89 million settlement for the loss of his wife.
Some $8 million of the settlement will come from the unnamed transportation broker, while $1.75 million will come from the trucking company and driver, according to a report from the South Bend (Indiana) Tribune. Another $1 million each will come from the shipper and operators of the front escort vehicle, while another $965,000 each will come from the operators of the two rear escort vehicles, the story reported. Another $175,000 will come from the owner of the semitrailer.
These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.
Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.
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