March 19, 2026

INDIANA – Chicago Partner Kelly Milam and Indiana Partner Charles Albrecht successfully defended a major trucking company and its driver in a high-stakes personal injury trial involving a rear-end collision on Interstate 80. Despite the Plaintiff’s demand for $1.5 million in damages, the jury returned a verdict of $0, exonerating the trucking company and its driver of any liability.

Overview of the Case

QPWB was retained to defend a major trucking company and its driver in a high-stakes liability matter involving a high-speed collision on I-80 in Indiana. The litigation centered on a chaotic highway scene where a loose car dolly began rolling backward into active traffic lanes, forcing motorists to make split-second decisions. The Plaintiff sought to hold the commercial driver and the trucking company liable for the resulting rear-end impact. Milam and Albrecht were tasked with reconstructing the timeline of the accident to prove that the driver’s actions were a necessary and appropriate response to an immediate life-threatening hazard.

Key Difference-Makers

• Kelly Milam – Partner, Chicago
• Charles Albrecht – Partner, Merrillville

Administrative Support

• Mariana Martinez – Legal Assistant
• Kimberly Roberts – Senior Litigation Paralegal

Claims Made Against Our Client

The Plaintiff’s claims centered on the assertion that the truck driver failed to exercise reasonable care when confronted with a sudden hazard on the interstate: a loose car dolly rolling backward into traffic. Opposing counsel argued that the driver’s reaction was inadequate and that a different maneuver could have avoided the rear-end collision entirely. In addition to alleging negligence, the Plaintiff claimed that the collision resulted in severe physical injuries requiring medical treatment in excess of $60,000.

Arguing that the long-term impact of the accident justified significant damages, the Plaintiff’s counsel ultimately asked the jury to award $1.5 million in total compensation for pain and suffering.

Defense Strategy

The defense strategy centered on the Sudden Emergency Doctrine, emphasizing the hazardous conditions created by a loose car dolly on a high-speed interstate. Milam and Albrecht presented evidence demonstrating that the truck driver’s split-second reactions were a reasonable response to an unforeseen and life-threatening hazard. The defense focused on the driver’s efforts to mitigate the impact and prevent a much larger multi-vehicle catastrophe.

A critical strategic maneuver involved the handling of the third party responsible for the loose equipment. Although the Plaintiff had settled with that party prior to trial, Milam and Albrecht made the calculated decision not to list that entity as a non-party on the verdict form. This strategy was designed to eliminate distractions regarding the origin of the hazard, requiring the jury to focus strictly on the interaction between the Plaintiff’s driving and the truck driver’s maneuvers. This approach prevented the dilution of fault and ensured the jury’s attention remained on the Plaintiff’s own failure to avoid the rear-end collision.

Impact on Final Outcome

The defense’s presentation of the evidence was decisive in the final judgment. Under Indiana’s modified comparative fault rule, a plaintiff is barred from recovery if they are found to be 51% or more at fault for an accident. Milam and Albrecht successfully demonstrated that the responsibility for the collision rested solely with the Plaintiff. The jury agreed, returning a finding of 100% fault against the Plaintiff. This resulted in a complete defense verdict and a $0 award, effectively neutralizing the $1.5 million demand.

Unique Aspects of the Case

The most significant aspect of this case was the strategic simplification of the liability narrative following the Plaintiff’s settlement with the third party responsible for the loose car dolly. By electing not to name that entity as a non-party on the verdict form, the defense removed the origin of the hazard as a distracting factor for the jury. 

Predicting the Future

This verdict represents a significant milestone for the trucking industry. While plaintiffs increasingly litigate scenarios where fault is lacking, which often leads to massive jury awards, this outcome reflects the importance of contesting meritless claims through trial rather than settling. This victory reinforces QPWB’s ability to navigate the hurdles of aggressive litigation and secure favorable results in challenging transportation matters.

Key Actions in This Case

• Tactical Verdict Structuring: Deliberately omitting the settled third party to focus the jury’s attention on the Plaintiff’s contributory negligence.
• Evidentiary Precision: Demonstrating that the truck driver’s split-second decisions were reasonable and prevented a much larger multi-vehicle catastrophe.
  
• Sudden Emergency Application: Effectively utilizing the Sudden Emergency Doctrine to prove that the driver’s actions met the standard of care required in a high-speed interstate crisis.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.