Although vehicle manufacturers have strict guidelines that they’re required to follow when designing and building their vehicles, a cement truck manufacturer neglected to implement some of the necessary safety features to their trucks – and this became a fatal flaw that allowed their trucks to roll freely when the tag axle was deployed. The tag axle is a hydraulic axle that can be lowered to provide stability and uniform weight distribution when the truck’s cement tank is full; however, in the case of this particular cement truck, when the tank is empty, the axle lifts the vehicle off of the ground and disengages the truck’s only parking brake located in the rear.
Dustin was a concrete contractor who was horrifically injured in 2016 due to the truck’s poor design. After pouring cement, Dustin had parked on a slightly sloping street and hopped onto the tag axle to clean the truck. Suddenly, the truck began rolling downhill, causing Dustin to lose his footing and fall into the truck’s path of motion. Dustin’s shirt was pinned underneath the truck’s large tire, and the truck dragged him approximately 25 feet across the dirty asphalt. Dustin was rushed to the hospital with a long list of injuries that left him unable to return to work – and therefore unable to provide for his family.
Shortly after Dustin was released from the hospital, Luke Abel and Matthew Wade of the Abel Law Firm were contacted to represent and support Dustin and his family. Luke and Matthew quickly filed a lawsuit against the manufacturer, gathering their experts to expose and explain the dangers of the truck and how it tragically – and permanently – changed the course of their client’s life.
The two knew that they needed a way to demonstrate how this accident was not due to operator error or inappropriate usage; this was an accident caused by the manufacturer’s defect. Luke and Matthew called on DK Global to create an animation that took care of the difficult task of explaining the mechanics and faulty engineering of the truck, and how it led to the horrible accident. The presentation also showed a reconstruction of the incident, and explained the painful damage that Dustin had endured – and how his recovery would require a lifetime of medical care and expenses.
With the scheduled trial in 2020 postponed due to the ongoing pandemic, Luke and Matthew looked to mediate the case. With the animations in hand, they secured a favorable, confidential settlement to aid in Dustin’s lifelong recovery.
Luke Abel received an “AV rating by Martindale-Hubbell, the highest peer rating given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, and has been continuously named a “Rising Star” and “Super Lawyer” by the Super Lawyer publication. Since joining the Abel Law Firm in 2006, Luke has represented the victims of catastrophic injury, medical malpractice, products liability, and has been named one of the “Top 100” attorneys in the nation by The National Trial Lawyers.
Matthew Wade uses his valuable experience and knowledge as a past in-house counsel member for a major insurance company to represent the victims of personal injury, product liability, and nursing home negligence. Since joining the Abel Law Firm in 2014, Matt has assisted the firm attain numerous multi-million-dollar results for their clients.
