Traumatic Brain Injury Case : Truck Wreck Case

Truck Wreck Lawyers at Fineberg Gresham Secure Compensation for Brain Injury Victim

Case: Milliken vs. Universal

Earl Milliken suffered a severe brain injury as the result of a truck accident in front of his home.  As the Milliken’s were turning into their driveway one Sunday afternoon after church, they were violently struck from behind by a 50,000 pound dump truck managed by Universal Trucking.  The truck driver, Mr. Embry (a convicted felon and confirmed cocaine addict) failed to control the dump truck, and slammed into the Milliken’s minivan.

Earl Milliken suffered a broken neck, a permanent injury to his left eye and a traumatic brain injury (a hemorrhagic contusion) to his frontal lobe, along with a generalized closed head injury with a diffuse axonal injury secondary to a shear type mechanism.  An MRI in which Mr. Milliken’s brain was radiographically mapped, reflected the damage to the internal structure of his brain objectively demonstrating that Mr. Milliken suffered a substantial brain injury warranting almost a million dollars in future care needs.  As a result, Mr. Milliken could not function at the level that he had previously lived.  He was an active man who performed extensive woodworking and crafts.  Now, he spends his days agitated, irritated, and relying upon others to provide for his needs.  

Fineberg Gresham’s brain injury attorneys’ careful investigation of the case revealed that the trucking company and the truck driver were grossly negligent on several counts.  Mr. Embry, the driver of the dump truck, was a convicted felon who was addicted to cocaine and had lied on his employment application.  Universal, the company that owned and managed the dump truck, failed to comply with federal law and industry standards, by not checking Embry’s references and background and not screening him for dugs before hiring him.  Additionally, Universal failed to test Embry for drugs and alcohol to determine whether he was under the influence of cocaine at the time of the wreck.  Although federal law requires trucking companies to perform a post-accident drug test, Universal simply failed to comply with the law, thereby virtually eliminating the Milliken’s ability to prove, through direct evidence, that Embry was under the influence of cocaine at the time of the wreck.  Interestingly, Embry admits using cocaine on a daily basis just prior to the wreck and immediately after the wreck, but conveniently claims that he was not using cocaine on the day of the wreck.  

The brain injury attorneys at Fineberg Gresham thoroughly investigated all aspects of this case clearly identifying and proving grossly negligent conduct by both Mr. Embry and Universal.  Their legal skills and investigative expertise secured a substantial settlement for the Milliken’s to help cover past expenses, pain and suffering, and lifelong medical care.

If you or a loved one has suffered a severe brain injury or been catastrophically injured in a truck wreck, contact the experienced truck wreck attorneys at Fineberg Gresham for a free case evaluation.

Dallas Brain Injury Attorney: Miliken Case MRI Video: Part 1
Video Length 4:15

Dallas Brain Injury Attorney: Miliken Case MRI Video: Part 2
Video Length 3:28

Dallas Brain Injury Attorney: Miliken Case MRI Video: Part 3
Video Length 3:45