California is renowned for its many scenic routes and historic sites, but its 177,000 miles of roads, streets and highways are also extremely hazardous. According to TRIP, a national transportation research nonprofit, 4,407 traffic fatalities occurred in California in 2022—a 22% increase from 2019.
Risk is clearly assumed from the moment anyone takes to the road, and it is no wonder that motor vehicle and trucking litigation are among the most critical practice areas for the catastrophic injury professionals of the Scarlett Law Group.
“Our firm has represented countless victims who have suffered catastrophic injury as well as traumatic brain injury on the road,” said Scarlett Law firm founder and principal Randall H. Scarlett, who has been recognized by The Best Lawyers in America® annually since 2009 for Personal Injury Litigation – Plaintiffs in San Francisco. “Each injury is unique. But many are preventable—whether they were caused by reckless or distracted driving, negligence or poorly maintained roads.”
The Intersection of Commercial and Trucking Litigation and Traumatic Brain Injury
Scarlett Law Group has built a reputation for success in representing plaintiffs in transportation-based catastrophic injuries. The firm is litigating several major claims against the California Department of Transportation (CALTRANS), other state agencies and well-funded employers in matters such as:
- A big rig truck that severely injured several victims when it essentially became a runaway on State Route 25 and collided with a stopped vehicle.
- Bus driver negligence which resulted in an overturned bus and several injuries and fatalities.
- Catastrophic collision resulting in traumatic injuries and death on Highway 101 in San Benito County due to a combination of improper maintenance of the areas adjacent to the roadway. Multiple lives were altered when a 70-foot eucalyptus tree uprooted and blocked multiple lanes. Additionally, one of the firm’s clients was pregnant at the time of the accident.
Scarlett notes that trucking litigation is extremely complex due to the destructiveness of the injuries and wreckage. Traumatic brain injuries (TBI) are a frequent consequence but are not always immediately apparent. Thankfully for those affected, Scarlett Law is one of the foremost legal authorities on TBI. A founding member of the Brain Injury Association of California and serving as Board Emeritus, he has deep experience connecting with juries on how trucks, big rigs, commercial haulers and construction site vehicles can cause permanent brain damage.
Scarlett Law Group has built a reputation for success in representing plaintiffs in transportation-based catastrophic injuries."
Confidence is high for the aforementioned ongoing cases due to Scarlett Law Group’s record of success. The firm has secured several high-value verdicts on behalf of plaintiffs in trucking matters, including $49.123 million in 2009 for a 23-year-old man who sustained a TBI as a result of a multi-truck collision on Highway 152. The suit was filed against the trucking company and others, including the State of California, which was found liable for dangerous conditions.
In 2015, the firm secured an $18.6 million verdict as a result of a big rig rear-ending the plaintiff’s decedent. The suit involved claims against the trucking company and driver and the State of California as a result of a dangerous condition on Highway 156.
“We proudly secured resolutions that helped the victims, and their families heal from physical and mental injuries,” Scarlett says, noting that the impact of the firm’s advocacy did not end with the financial award. “These two heart-wrenching cases—among others—inspired changes to the roadways in an effort to limit future collisions.”
But despite the progress made through the messages sent via the courtroom, injuries continue to occur on California highways. Scarlett Law strives to make a meaningful difference in the lives of its clients and also to improve road safety in California.
“Numerous dangerous road conditions in California were identified and appropriately modified as a result of many of our efforts. But the work continues,” Scarlett notes. “The public and those who suffered harm, or the loss of loved ones can find some solace in knowing their injuries are not forgotten—we will always fight to ensure everyone can safely take to the road.”
