Delivery truck slams into pickup, killing its driver on impact

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In the summer of 2024, the plaintiff’s decedent was driving east on a Massachusetts highway en route from work to his home. At the same time, a delivery truck operated by the defendant’s employee was traveling in the westbound lane at a high rate of speed.

As the defendant approached a line of vehicles in the westbound lane, he suddenly observed that the cars ahead of him were at a complete stop. With little time to react, the defendant driver struck a stopped van directly ahead of him before turning his vehicle into the oncoming eastbound lane, colliding head-on with the plaintiff’s pickup truck.

The force of the impact was considerable, and the plaintiff’s decedent was killed on impact. The plaintiff was transported directly to the county morgue.

Dashcam footage from the defendant’s delivery truck, obtained by plaintiff’s counsel, clearly demonstrated that the driver of the truck was holding his cellphone in his left hand, which explained why he continued to proceed at full speed into the line of vehicles directly ahead of him.

The State Police report also confirmed statements by the defendant driver that he was distracted by his phone at the time of the crash.

Factors complicating the case, from the plaintiff’s perspective, were myriad. Due to the high-speed impact of the collision, the plaintiff was killed on impact without any evidence of conscious pain and suffering.

In addition, at the time of his death, the plaintiff’s decedent was unmarried and had no children.

Finally, his mother, the only heir at law eligible to recover for loss of consortium, was 87 and recently diagnosed with a terminal illness.

Claims were made against the defendant driver and his employer for wrongful death predicated on negligent operation of a motor vehicle, as well as for gross negligence predicated on the defendant’s speed and distracted driving.

The case was resolved following a full day of mediation.

Action: Motor vehicle negligence
Injuries alleged: Death
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (mediated)
Name of mediators: Brian Mone and Donald Grady, CMCI, Boston
Amount: $2 million
Date: June 2025
Attorneys: Eric J. Parker, Susan M. Bourque and Amanda Frederick, Parker Scheer, Boston (for the plaintiff)