Hoyt & Blewett PLLC Attorneys Anders Blewett, Drew Blewett, Connor Murphy, and Alexander “Zander” Blewett III secured a $1,000,000 policy limits settlement from a subcontractor’s insurance carrier on behalf of the estate of a commercial truck driver who was fatally injured while his flatbed trailer was being unloaded at a Montana construction site.
About the Case
Our client’s husband was a 39-year-old commercial truck driver who had transported a load of large PVC pipe bundles from North Dakota to a water line installation project in Roosevelt County, Montana. Upon arrival, a subcontractor was responsible for unloading the pipes from the flatbed trailer using a backhoe loader equipped with forklift attachments.
During the unloading process, one of the approximately 2,750-pound pipe bundles fell from the trailer and struck him, causing fatal injuries. Moments earlier, he had been required to exit the cab to remove load-securing straps, placing him in the danger zone while unloading was underway.
His wife, acting as personal representative of the estate, brought wrongful death and survivorship claims arising from the incident.
Litigation and Legal Strategy
The estate’s claims focused on how the unloading was performed and who had responsibility for keeping the worksite safe during that process.
- Unsafe unloading practices. The estate alleged that the subcontractor’s unloading operation involved multiple preventable safety failures, including unloading in a manner that created an unreasonable risk of a bundle shifting or falling, proceeding without confirming the driver was in a safe location, and continuing to unload despite the operator’s limited visibility of the driver’s side of the trailer. The estate also alleged that the equipment operator spoke on the phone during the unloading process, overloaded the forks, overextended its forks into the load and unloaded the trailer without basic safeguards such as a spotter.
- Disputed liability and the need to file suit. The defendants denied responsibility and asserted defenses including comparative fault and assumption of risk, arguing that the driver had been told to remain in the cab or stay clear of the unloading zone and that he entered the area without notifying the operator. Although OSHA investigated and did not issue citations, the civil case turned on what the evidence showed about the unloading methods, visibility, communications, and the safety measures that were, or were not, used at the time.
Because liability was denied, the estate filed suit. After extensive discovery and depositions, the subcontractor’s insurer ultimately paid its $1,000,000 policy limits to resolve the claims against the subcontractor and the operator of the backhoe loader.
Fighting for Families. Fighting for Justice.
At Hoyt & Blewett PLLC, our attorneys routinely handle high-stakes workplace and trucking injury cases involving disputed liability, complex safety issues, and aggressive defense strategies. We are honored to have helped this family pursue justice and remain dedicated to advocating for workers and families impacted by catastrophic accidents.
If you have questions about a potential workplace injury or wrongful death case, and how our experienced trial team can help, call or contact us online to discuss your legal options.