Harrell v. Pate-Dawson Company (2007)

Recovery: $750,000.00

Our client was riding a bicycle on a US highway at night when he was struck from behind by an eighteen wheeler. The truck driver told the police that the bicyclist had darted out into the road from a side street. Our accident reconstructionist determined that this was not the case based upon the tire impressions and gauge marks from the bicycle – our client was riding in a straight line down the road when he was hit. After the crash, the medical examiner tested some of our client’s blood for alcohol and came up with a .25 BAC, more than 3 times the legal limit. We challenged the blood-alcohol result and discovered that no one could testify that they actually drew the blood, and there was absolutely no chain of custody regarding the blood sample. Therefore, we were confident that we would be able to keep the BAC result from coming into evidence at trial. We also attacked the truck company because the truck driver had multiple log books in his truck. We discovered that the driver had been on duty for more than 23 hours at the time of the crash. Our discovery also uncovered a long and ugly practice by this company of requiring its drivers to violate the Hours of Service Regulations.

The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past results. Upon request, Davis & McCabe, P.A. will mail you a list of the firm’s history since 1999 in obtaining favorable and unfavorable verdicts, the firm’s history in collecting favorable verdicts, the types and complexity of cases handled by the firm which have gone to verdict, a description of whether liability and/or damages were contested in cases which have gone to verdict, and whether the opposing side in a trial was represented by counsel.

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