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Distracted driver rear-ends elderly couple

Case results depend upon a variety of factors unique to each case. Case results by this law firm do not predict that similar results will be obtained in future cases.

Case involved a commercial truck whose driver was distracted because he was using his cellular phone to access the internet at the same time he was operating his vehicle. Because the driver was distracted he rear-ended an elderly couple from the Gallipolis, Ohio area. Unfortunately, the husband was paralyzed and ultimately died and his wife of nearly 50 years was injured. Dino Colombo and Travis Mohler represented the family. Through hard work, Mr. Colombo and Mr. Mohler were able to download data from the truck driver’s Garmin GPS and when it was compared to the truck driver’s cell phone records it was apparent that he was using his cell phone at the very moment the accident occurred. The company that employed the truck driver was also negligent for failing to adequately enforce their distracted driving policies. While the company had a written policy prohibiting its employees from texting and driving, the company was aware that its employees were routinely using their cell phones at the same time they were driving their trucks. As a result of this knowledge and their failure to enforce their own policies the company faced significant liability exposure. The case was settled for $4,750,000.

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