Levinson Axelrod, P.A. Attorney Kelley Lavery recently secured a $1+ million settlement for a New Jersey Department of Transportation worker injured by a tractor-trailer driver who fell asleep behind the wheel.

As court documents show, Kelley’s client was working on a road improvement project on Route 80 at the time of the incident and was tasked with protecting DOT workers filling potholes by ensuring that a DOT vehicle was positioned between DOT workers and traffic.

While performing his duties, a tractor-trailer driver fell asleep while approaching the work zone and struck Kelley’s client’s work vehicle. The collision caused the client to suffer lumbar injuries that required physical therapy and pain management modalities. Ultimately, Kelley’s client submitted to a right sacroiliac joint fusion, which involved three sacroiliac joint bone triangular implants. While the client made a good recovery, he continued to suffer from physical limitations that prevented him from returning to his DOT employment.

Although workers’ compensation is typically the sole legal remedy for workers injured on the job, this crash was caused by a negligent third party. As a result, Kelley was able to pursue a civil personal injury claim against the trucking company’s insurance provider and excess insurance carrier, which would allow his client to recover damages that typically are not available through workers’ compensation.

Ultimately, Kelley was able to negotiate a $1.175 million settlement for his client’s pain and suffering, medical bills, and lost income.

Kelley Lavery is a Levinson Axelrod, P.A. Associate in our Edison, Flemington and Rockaway offices, where he represents victims in a range of claims involving motor vehicle accidents, municipal liability, serious injuries, and wrongful death. A former Criminal Prosecutor and Civil Defense Attorney, Kelley has leveraged his extensive insight to help victims of negligence recover millions of dollars in compensation.