Trucking Company Pays $11 Million to Settle a Fatal Crash Lawsuit

A trucking company has agreed to pay $11 million to settle a lawsuit filed by the family of a South Carolina trucker who died after colliding with a gasoline tanker that was blocking a rural highway in the dark.

Eagle Transport Corp. settled the lawsuit filed by the widow of Kenneth Avis of Georgetown. The 48-year-old father of two was driving an 18-wheeler in the early hours of the morning when he came over a hill, spotted the tanker, and slammed on the brakes.

The estate's attorneys say Avis' truck was going about 25 mph when it hit the tanker, which was loaded with 8,800 gallons of gasoline. The collision caused both trucks to burst into flames.

"The fire was so hot, the tanker melted and they had to repave the road," said attorney Cheryl Perkins.

The allegations

The lawsuit alleged the tanker's driver was impaired and wasn't properly trained. He had stopped in his lane and was attempting to back onto an intersecting road, across Avis' path. The driver was not injured. He was charged with reckless homicide and, according to the lawsuit, tested positive after the accident for amphetamine and methamphetamine. An arrest warrant accused him of operating the vehicle "with reckless disregard for the safety of others."

"It wasn't until our guy was up on him that he could see the tanker trailer was perpendicular to the tractor and going across the road," Avis' attorney John Eric Fulda told reporters. "It was like trying to back your boat into a boat landing, then turn around and go the other way."

Fulda said the tanker driver could have turned around in a nearby parking lot instead.

The settlement

Eagle Transport, based in Rocky Mount, North Carolina, did not admit fault. Avis' estate will receive $7.2 million, including $2.4 million to be paid to future descendants over several decades. The remaining $3.8 million covers attorney fees and court costs.

The case is a stark reminder of how quickly a blocked lane on a dark road can turn fatal — and why training, fitness for duty, and never backing across an active lane are non-negotiable for every driver on the road.