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Inattentive Truck Driver causes multi-vehicle collision in Texas County, Missouri - $1.15 Million Dollar Settlement and Truck Driver surrenders CDL License for life

On March 29, 2012 a tractor trailer hauling plastic tubing on Highway 63 in Texas County, Missouri struck the rear of Ralph F. Hoffman's car that was stopped in a line of traffic waiting for the lead vehicle to make a left hand turn. The tractor trailer, owned by ISS Transport, was driven by ISS employee James Arthur McCune. The force of the impact propelled the Hoffman vehicle into a full size pickup which was flipped onto its side and subsequently struck the rear of the lead car. After being forced into the pickup, the Hoffman vehicle continued into the oncoming traffic lane where it was struck again by another vehicle driven by Erica Wyble.

As a result of the collision, Ralph F. Hoffman and his wife, Janet L. Hoffman, who was riding in the front passenger seat, were killed. The Hoffmans' son, Ralph A. Hoffman, who was a rear seat passenger, sustained serious injuries.

The Hoffman family hired Patrick J. Horsefield to pursue claims against the trucking company and other responsible parties. Mr. Horsefield filed claims against the trucking company for the wrongful death of Ralph F. Hoffman and Janet L. Hoffman and a claim for personal injuries for Ralph A. Hoffman alleging the truck driver was inattentive and reaching for his cell phone at the time of the collision. During the course of litigation, Mr. Horsefield discovered a $1,000,000.00 liability policy that covered ISS Transport and its driver for all injuries in the collision.

During the investigation into the accident it was discovered that Ms. Wyble's vehicle had a tire that was devoid of any tread which the Hoffman's believed significantly affected her ability to avoid the collision with the Hoffmans' vehicle. Mr. Horsefield also discovered a $50,000.00 liability policy that covered Erica Wyble, and an underinsured motorist policy held by Mr. and Mrs. Hoffman. He promptly negotiated a settlement with Erica Wyble's insurance company for her policy limits of $50,000.00.

Despite other very significant injuries to the other persons injured as a result of the collision, Mr. Horsefield negotiated a settlement with the trucking company for $950,000.00 with an added provision that Mr. McCune surrender his commercial driver's license and agree not to drive a commercial motor vehicle ever again for the rest of his life. This was important to the Hoffman family as they felt strongly that Mr. McCune should never have the opportunity to drive a tractor trailer and cause another accident.

After obtaining the $1,000,000.00 in liability coverage for the Hoffman family, Mr. Horsefield negotiated with the Hoffmans' insurance carrier for an additional $150,000.00 in underinsured motorist coverage for a total settlement of $1,150,000.00, all within ten months of the collision.

Disclaimer: Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

Community involvement

  • Purchased 2013 Grand Champion Steer at the Crawford County Fair.
  • Mid-Missouri Stealers Baseball
  • Mid-Ozark CASA Program
  • National MS Society

recognition

  • 2013 Bar Registration of Preeminent Lawyers
  • 2012 Top 100 Trial Lawyers, David L. Steelman
  • 2012 Missouri & Kansas SuperLawyers, David L. Steelman
  • 2012 Top Attorneys in Missouri, David L. Steelman
  • Missouri and Kansas Super Lawyers Magazine Top Attorney

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