A cash settlement was negotiated by The Ammons Law Firm in a negligence lawsuit against Kroger and its driver on behalf of a 40-year-old Texas woman. A Kroger 18-wheeler changed lanes on U.S. 59 in Texas when unsafe, striking a Smart Car and pushing it into and over the highway’s concrete divider. The Texas woman driving the Smart Car was seriously injured in the crash.
The lawsuit filed by Rob Ammons on the injured woman’s behalf alleged that Kroger’s driver failed to control his speed and keep a proper lookout as he negligently changed lanes. Ammons further claimed that the driver was not fit to be behind the wheel of the 18-wheeler because he was using prescribed opioid medication, which use impaired both his judgment and his physical ability to safely operate the tractor-trailer. Ammons alleged that since the driver was on the job at the time of the collision, Kroger was legally responsible for his negligence.
Allegations of independent negligence against Kroger centered on the company’s choice not to test drivers for opioids which are narcotic drugs that render drivers unsafe and unqualified. According to the suit, Kroger did not even require drivers to disclose prescription drug use. Plaintiffs also contended that Kroger was unwilling to remove drivers who displayed unsafe driving practices from behind the wheels of its 18-wheelers. The driver of the rig that struck the Smart Car in question had been reprimanded 16 times in just five years of employment with Kroger. Yet Kroger continued to allow him to operate its tractor-trailers on this country’s roadways, placing other motorists in serious danger.
“The risk posed to Texas motorists by commercial truck drivers operating their rigs while under the influence of prescription drugs is on the rise,” says Ammons. “”Employers are not required to test for certain prescription drugs, but those who value safety should test for narcotics and opioids. If those who do not conduct such testing are not held properly accountable when their impaired drivers hurt someone, the injuries and deaths this dangerous conduct causes will continue to increase.”
Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons’ law practice, The Ammons Law Firm, is located in Houston, Texas.
The Ammons Law Firm’s practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence.