TKK Recovers $2.2 million from Federal Express for Woman Injured by Carelessly Driven Federal Express Truck

By: Tim Tomasik

In February 2018, a FedEx Ground Truck was traveling rapidly in foggy weather when it negligently entered an intersection on Route 59 in Bartlett and violently crashed into a minivan operated by a 63-year-old woman. The victim suffered a severely fractured hip that required orthopedic surgery and hardware to surgically repair her pelvis and hip. In addition to her acute orthopedic injuries, the victim suffered significant cognitive deficits and post-concussion syndrome.

Attorney Timothy S. Tomasik investigated and prepared the case for trial. The driver admitted that “He was unsure what color the traffic light was,” but proceeded through the intersection, plowing into the victim’s minivan. Truck accident cases are governed by the Federal Motor Carrier Safety Regulations. These regulations require that a driver exercise “extreme caution” in operation of a commercial motor vehicle when hazardous conditions such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke adversely effect visibility or traction. Speed should be reduced when such conditions exist. The matter was settled by the parties for $2.2 million prior to trial.

Since its inception, TKK has been representing victims of trucking accidents and has tried truck and other vehicular cases to verdict. In 2014, TKK obtained a $7,500,000 verdict for the family of a City of Chicago laborer who was tragically killed while working on January 27, 2009. While unloading materials from a truck, plaintiff’s decedent was struck by a 22 thousand pound, 18-wheel semi-tractor trailer. He was pinned between the defendant’s vehicle and the City truck and dragged 20 feet before coming to rest.

Timothy S. Tomasik also serves as the co-chair of the annual 360 Advocacy Trucking conference where veteran truck litigation attorneys present to attendees over two days in Las Vegas on strategies to protect victims of truck accidents.