Bob Prince, Prince Glover Hayes partner, filed a lawsuit in the United States District Court for the Northern District of Alabama, Eastern Division against a trucking company and its driver for injuries sustained by his client who was rear-ended by the driver of the tractor trailer rig while driving down the interstate at a reduced speed. Since Bob’s client is an Alabama resident and the trucking company was incorporated in Georgia and the amount in controversy exceeds $75,000.00, the case fell under federal jurisdiction. The complaint alleges that the tractor trailer was going in excess of 70 miles per hour when it struck Bob’s client’s vehicle.  As a result, his client was seriously and permanently injured. Counts in the complaint included negligence, wantonness, and last clear chance. The last clear chance doctrine (also known as subsequent negligence) permits recovery when the plaintiff was in a perilous position and the defendant, armed with knowledge of said peril, failed to use reasonable and ordinary care in avoiding the collision, causing injury to the plaintiff. Bob’s client’s vehicle began involuntarily slowing on the roadway, putting her in a perilous position. Since the driver of the tractor trailer failed to use reasonable ordinary care to avoid the collision, Bob’s client sustained injury. The tractor trailer driver failed to operate his vehicle at a speed that would have allowed him to pass Bob’s client’s vehicle and avoid the collision. If you have been injured by an 18-wheeler or other large truck, call Prince Glover Hayes for a free consultation.