$1.225 Million Settlement After Dump Truck With Neglected Brakes Crossed Centerline Head-On

On August 29, 2022, Joseph 'Joey' Kane was driving near Shaw Air Force Base in South Carolina when a loaded dump truck operated by Eddie Barber crossed the centerline and struck his vehicle head-on. Kane was an active-duty servicemember stationed at Shaw. Barber was driving for Ard's Trucking Service, a company owned by Stephen Ard.

Kane's vehicle was equipped with a dashcam that captured the moment Barber's truck swerved into the oncoming lane. The footage showed Barber veering left to avoid rear-ending a vehicle ahead of him, leaving Kane no room to escape. The collision was severe enough to require extraction with the jaws of life.

Kane sustained a fractured left hip, a broken right leg, a broken left arm, and three broken toes. The injuries required multiple trauma surgeries, including the placement of hardware implants. Because of the hip damage and the prospect of future hip replacement surgery, his continued service in the military was in question.

Attorneys Kenneth Berger and Brad Lanford at the Law Office of Kenneth Berger investigated the truck's maintenance history. A vehicle inspection revealed the dump truck's brakes were in need of significant repair. During his deposition, owner Stephen Ard admitted that brake work had been scheduled for the day before the crash but was never completed. Despite the unrepaired brakes, the truck was loaded and sent out on a run. Barber later told investigators that brake failure was the reason he could not stop before reaching the vehicle ahead of him.

The dashcam footage corroborated the brake failure account but also documented that Barber was traveling at excessive speed for conditions. Taken together, the deferred maintenance and the video evidence built a clear picture of how a preventable mechanical failure turned into a head-on collision.

The case settled on April 18, 2023, for $1,225,000. The settlement was reported by South Carolina Lawyers Weekly.