Attorney Kurt William Maier's Legal Cases

Trucking accident

Tractor Trailer Crash

Jan 01, 2014

OUTCOME: settlement

We represented a resident of Scottsville, Allen County, Kentucky, who was travelling on 31-E on her way to work as a school teacher. A tractor-trailer that was traveling on the rural back roads of All ... en County, ran a stop sign at the intersection of 31E and HWY 482. The driver of the tractor trailer saw the plaintiff and tried to beat her. The crash left the school teacher of 34 years permanently disabled as a result of the wreck. Extensive discovery was taken on behalf of our client, which revealed that the truck driver was improperly hired, trained and supervised by the trucking company. It was also discovered that the truck driver was driving in violation of the Federal Motor Carrier Safety Regulations because of violations regarding hours of service and missing log books. We also discovered that the mechanics with the trucking company were not qualified under the Federal Motor Carrier Safety Regulations, which caused the lights on the tractor-trailer to be inoperable. This horrific crash caused significant injuries to the plaintiff, which has left her with lifelong injuries and irreversible pain and suffering. Through the use of expert testimony from Doctors, accident reconstructionist, economists and vocational experts, the plaintiff received a significant settlement by the Defendants on the eve of trial.

Defective and dangerous products

Defective truck wheel

Jan 01, 2012

OUTCOME: Settlement

We represented a business owner, who was severely injured while changing a tire on his truck. Because of a manufacturing defect involving the tire’s “split rim”, the tire exploded, separating from the ... rim and striking our client. Our client spent weeks in the hospital, had surgeries for multiple fractures, and fortunately, after many months of recovery, he was able to return to his business, which his father had kept afloat for him.The auto manufacturer denied that it was at fault and alleged that our client had changed the tire incorrectly. We hired expert witnesses to prove that this was not the case. Our client had changed tires on this vehicle before and he was doing so correctly on the date of this incident. However, there was an inherit design defect in the tire rim, which caused this explosion. Fortunately, we were able to make a substantial recovery on behalf of our client

Trucking accident

Wrongful Death

Jan 01, 2003

OUTCOME: Settlement

A truck driver lost a 3 ½ foot tall metal post off of the back of his truck on I-65. He stopped momentarily to recover it but then left when the accident occurred. A second tractor-trailer driver saw ... the piece of metal in the road but rather than simply striking it, as several vehicles had done before him, swerved recklessly into an adjacent lane and lost control of his vehicle. One vehicle, carrying a blended family of six, and another vehicle carrying a man and his wife, were struck. Six people in the first vehicle died and one person in the second vehicle died. I represented the natural father of three of the children in the first vehicle and the surviving spouse of the woman who was killed in the second vehicle. The case involved significant accident reconstruction issues. Suit was filed in federal court. Defense efforts focused on the truck drivers blaming one another and contending that the elderly woman who was killed in the accident and the children who were killed in the accident did not have significant “loss of earning capacity” claims. After exhaustive litigation, the defense ultimately paid a significant settlement to the surviving family members of all in order to avoid trial.

Defective and dangerous products

Defective fuel tank in truck

Jan 01, 2002

OUTCOME: settlement

On a sunny afternoon, a mother, was driving her daughter to cheerleading practice. She also had her young son in the truck with her. Her truck was struck in the side by another vehicle, causing the t ... ruck to burst into flames. The mother and son were killed in the crash, and the teenage daughter was severely burned. Suit was filed against the manufacturer of the motor vehicle, and extensive discovery was undertaken regarding the particular defect which caused the vehicle to burst into flames. Automotive experts and fire cause and origin experts were retained to prove the case against the automobile manufacturer. A substantial recovery was made against the automobile manufacturer, on behalf of the father and husband of the two deceased persons. In addition, a substantial structured settlement was obtained on behalf of our teenage client. As a result of the structured settlement, she was able to purchase a home, and attend college. The structured settlement will provide her necessities for the reminder of her lifetime.

Transportation

Train derailment causes hazardous spill

Jan 01, 1996

OUTCOME: Settlement

One of our more challenging cases required us to put together the events of what happened at 1:00 A.M. on a summer night some 30 years ago. An attorney from the rural town in which this incident occur ... red, referred the case to us. A young widow’s husband died suddenly. Tests revealed that he died of a type of cancer associated with exposure to the chemical defoliant Agent Orange which was used to defoliate the jungles of Vietnam during the Vietnam conflict. However, our client’s husband had never served in Vietnam and had never worked around Agent Orange. Our client recalled, though, that at some time during their marriage her husband had told her of a train derailment, that occurred in 1966. Containers of chemicals that the train was carrying, had been spilled onto his parents’ farm, which was located adjacent to the railroad tracks. Railroad and government documents regarding the shipment had been destroyed. Through months of research, and despite denials from the railroad company that there had ever even been an accident much less a spill of chemicals, we were able to find photographs of the spill which were taken the morning after it occurred, and which showed our client in the middle of the spill clean-up wearing nothing more than a pair of shorts. We were also able to find an ex-military officer who had been awaiting the delivery of the Agent Orange on this train, so that he could process it for shipment to Vietnam. He also remembered that this derailment had occurred. We were also able to find a number of witnesses from the community who remembered the incident and we were able to piece together the events of that evening. Finally, we retained medical doctors and scientists who, through their analysis, concluded that the likely cause of our client’s cancer was the exposure to the Agent Orange that had been spilled onto his parents’ farm. The case was defended vigorously and went to trial in federal court. After several days of trial the defendant offered to settle and we were able to make a substantial recovery for our client.

Kurt William Maier's Legal Cases (5)

Tractor Trailer Crash

Defective truck wheel

Wrongful Death

Defective fuel tank in truck

Train derailment causes hazardous spill