Harris County jury returns $30 million verdict against FedEx Freight in deadly crash case

Son's call for new safety measures

HOUSTON – A man whose father was killed in a crash with a FedEx Freight truck said he wants trucking companies to take a close look at safety procedures and training.

“Losing my dad was the hardest thing I’ve ever dealt with,” said Andy Cargal, who described his father Joseph “Jay” Cargal as selfless.

Last week, a jury in Harris County returned a $30 million verdict against FedEx Freight and the company’s driver in a wrongful death lawsuit filed by Andy and his brother Jack Cargal.

According to court documents, Joseph Cargal was driving a tractor trailer on Highway 59 in east Texas on Sept. 8, 2018 when the FedEx Freight truck veered into on-coming traffic and hit Joseph Cargal head on. The amended petition stated it happened around 1:30 a.m. and it had been raining.

“There was an obstruction in the road and the driver swerved into oncoming traffic and tragically killed Jack and Andy’s father, and it was a lack of training and a lack of supervision that contributed to it,” said Devin McNulty, an attorney with Chandler McNulty LLP who represents Jack and Andy Cargal.

“The driver had 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,” McNulty said.

Andy Cargal said he hopes the jury’s decision puts a focus on safety on the roads.

“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.

FedEx told KPRC 2 in a statement, “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.”


About the Author: