Attorney Robert Allard announced a $9.5 million settlement reached during trial in the Highway 17 truck accident lawsuit filed by Gail Jean and Doug McGuire stemming from the July 10, 2014 collision that resulted in the passing of their beloved son Daniel.
This unprecedented settlement also includes a court order that Iqbal Tambar and Surinder Banwait, owners of Saini Trucking and Saini Bros Trucking respectively, follow the law going forward or face possible jail time and hefty financial fines.
Further, through this lawsuit and the courageous actions taken by the McGuires, two separate trucking companies which had an established record of breaking the laws were forced into bankruptcy.
This settlement needs to serve as a wake-up call for the trucking industry. Here is the message which the McGuires want to send to any and all trucking companies across our country:
If you place dangerous large pieces of machinery in the form of big rig trucks on our roadways, you had better follow the laws which are designed to protect the public. If you don’t, and innocent persons such as Daniel are seriously hurt or killed, you will pay the price - dearly.
A Catastrophe Waiting to HappenAs it relates to this accident, a veteran CHP investigator wrote in his report that the truck and two trailers that caused this crash posed an imminent danger on the highway. It was just a matter of time, the investigator said, adding, the truck should have been rendered out of service.
The CHP investigator testified that, in his 30-year career, he could not remember another case where so many brakes were this far out of adjustment. Six out of the ten brakes on this truck and trailer were faulty. It only takes two bad brakes to make the truck illegal to operate on the road. This truck should never have been on the road.
The evidence would have shown that these longstanding brake problems and Daniel’s death resulted from the trucking owner, Iqbal Tambar, flaunting and knowingly breaking the laws.
The brake problem did not happen overnight. It took weeks or even months to go from one bad brake to six. In other words, the danger presented itself over a period of months.
Iqbal Tambar not only falsified inspection reports, but he also instructed his truck drivers to bypass truck scales. That is the reason that the CHP never got a chance to inspect the brakes. On the morning of the accident, Tambar not only told his driver to avoid the Gilroy CHP Inspection Station, but gave him directions as to how to do it.
Going forward, Iqbal Tambar will have to follow the trucking laws or face possible jail time. That’s the best the law allows us to do. Unfortunately, Tambar has the legal right to operate a trucking business.
“Working with CBA has been a truly remarkable experience. They exude genuineness, openness, and transparency, transforming a challenging situation into a positive one. Lauren, in particular, consistently displayed empathy, ensuring a comfortable and safe environment throughout.”
“Every step of the way, Lauren gave me hope when I felt hopeless, and she gave me help when I felt helpless. Lauren was the attorney who I knew was in my corner, and she will undoubtedly continue to be in the corner of survivors to hold their abuser and institution accountable.”
“What happened to me needed to be addressed. I missed out on such an important part of my life, while my institution made no qualms. You don’t get to push kids under a rug. I’m glad I was given an opportunity to address my broken life.”