Son of man killed 2018 FedEx truck crash hopes case will improve trucking safety procedures

HOUSTON – A Houston jury returned a $30 million verdict last week against FedEx Freight Inc. in a wrongful death suit filed by the sons of a man who died in a 2018 collision involving one of the company’s truck drivers. Now, the brothers say they want trucking companies to take a close look at safety procedures and training.

According to KPRC, Joseph Cargal had been driving a doubles tractor-trailer for XPO Logistics around 1:30 a.m. on September 8, 2018, when a FedEx truck traveling in the opposite direction, swerved to avoid either a fallen tree or a branch and went into the oncoming lane. The FedEx truck hit Mr. Cargal’s vehicle head-on and he was pronounced dead at the scene.

While it was raining that morning, the Texas Department of Public Safety state trooper who arrived on the scene blamed the crash on the “faulty evasive action” of the FedEx truck driver. Mr. Cargal’s sons, Jack and Andrew Cargal filed a lawsuit against FedEx, claiming the driver should have either continued straight or gone right, rather than left into oncoming traffic.

Law360 reports dashcam video from both the FedEx driver and Mr. Cargal demonstrated that the FedEx driver had been going 65 mph in a 55-mph zone, while it was raining and there was low visibility. On the other hand, Mr. Cargal had been driving 47 mph and complying with trucking rules for extreme caution driving.

Last week, a Texas jury returned a verdict on the 10th day of trial, awarding each plaintiff $15 million. Mr. Cargal’s wife, Bonnie, had also filed a lawsuit as administrator of her husband’s estate but settled her case in 2019.

After the verdict was awarded, one of Mr. Cargal’s sons said he hopes the jury’s decision puts a focus on safety on the roads. His attorney said the driver testified that he “had never been trained by FedEx to turn to the right, to go into a shoulder or go into a ditch or otherwise avoid something.”

“My whole goal is to hopefully in some way motivate FedEx Freight and any trucking company who may have a need to improve their safety procedures to have the motivation to do so,” Andy Cargal said.

A spokesperson for FedEx said in a statement Tuesday, “Our sympathies are with the Cargal family and those impacted by this tragic accident. Safety is our highest priority. FedEx Freight respectfully disagrees with the verdict and is exploring its options.”