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Verdicts & Settlements: Motor Vehicle Liability

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Tractor trailer backing out of construction site strikes vehicle

August 8, 2019

Dorothy Beckward, 57, was driving on a two-lane roadway, approaching a construction site. An 18-wheeler that was backing out of the construction site struck Beckward’s vehicle on the passenger’s side. Beckward suffered injuries to her right shoulder, neck, and back, which necessitated extensive chiropractic treatment. Her medical expenses totaled $75,000. Additionally, her injuries necessitated that she work reduced hours at her nursing job, resulting in lost earnings of more than $38,300.

Beckward sued the driver of the 18-wheeler and his employer, Roy Collins Construction Co., alleging the driver failed to use a flagger to safely back out of the construction site or otherwise warn oncoming drivers. The plaintiff testified that she had not seen the truck before the impact.

The defense argued that Beckward was driving inattentively and also that her injuries were related to a previous incident.

The jury awarded $495,000, finding the plaintiff 30% at fault.

Citation: Beckward v. Haynes, No. 15-0009 (Miss. Cir. Ct. Bolivar Cnty. Mar. 29, 2019).

Plaintiff counsel: AAJ member Baskin L. Jones, Jackson, Miss.

Plaintiff expert: George Carter, economics, Hattiesburg, Miss.