Shook Secures Trial Victory for Daimler Truck North America in Novel Case Involving Pedestrian Detection Systems
Shook secured a zero-percent fault defense verdict on behalf of Daimler Truck North America (DTNA) after a two-and-a-half-week jury trial in the Eastern District of Washington arising from “failure to equip” allegations related to DTNA’s Freightliner Cascadia.
The plaintiffs alleged DTNA’s Freightliner Cascadia should have been equipped with pedestrian automatic emergency braking, a relatively new technology. The verdict sets an important precedent for pedestrian detection systems and Advanced Driver Assistance Systems (ADAS) more broadly.
The matter arose from an incident in which a truck driver was struck by a 2022 Freightliner Cascadia while walking across a truck stop parking lot, suffering catastrophic injuries. The incident was captured on video. Much of the trial focused on damages, the decedent’s lengthy conscious pain and suffering, and the evolving role of ADAS, requiring jurors to evaluate difficult visual evidence alongside complex technical testimony.
At trial, the plaintiffs alleged the accident would have been avoided had the truck been equipped with Detroit Assurance 5.0, which included pedestrian detection technology. DTNA disputed liability, maintaining that the vehicle was reasonably safe, complied with all applicable federal regulations, and that no law requires pedestrian-detection or automatic-braking systems on commercial trucks. DTNA argued that the accident was caused by the negligence of the driver and the decedent, and that extensive testing and expert analysis showed pedestrian automatic emergency braking would not have prevented the collision under the conditions present.
During the trial, the plaintiffs stated they would seek a total of $365 million in compensatory and punitive damages. Just before closing arguments, the trial court dismissed the punitive damages claim against DTNA. The plaintiffs requested $60 million in compensatory damages in their closing argument. After a relatively short deliberation, the jury returned a full defense verdict for DTNA, finding the absence of an ADAS system did not render the truck defective or unsafe, and assigning the company zero percent fault. The jury assigned 85 percent fault to the driver and his employer motor carrier, and 15 percent fault to the decedent. They awarded $5 million in damages for the death; $500,000 to the decedent’s husband, and $40,000 for emotional distress.
The Shook team was led by first-chair Michael Kleffner, and included second-chair Jennifer Artman, Mackenzie Stout, Marissa Gonzalez-Mason, and Taylor Markway on legal issues and briefing.
Burgess v. Daimler Truck North America LLC, Eastern District of Washington, Case No. 1:23-cv-03054 (May 13, 2026)
The plaintiffs alleged DTNA’s Freightliner Cascadia should have been equipped with pedestrian automatic emergency braking, a relatively new technology. The verdict sets an important precedent for pedestrian detection systems and Advanced Driver Assistance Systems (ADAS) more broadly.
The matter arose from an incident in which a truck driver was struck by a 2022 Freightliner Cascadia while walking across a truck stop parking lot, suffering catastrophic injuries. The incident was captured on video. Much of the trial focused on damages, the decedent’s lengthy conscious pain and suffering, and the evolving role of ADAS, requiring jurors to evaluate difficult visual evidence alongside complex technical testimony.
At trial, the plaintiffs alleged the accident would have been avoided had the truck been equipped with Detroit Assurance 5.0, which included pedestrian detection technology. DTNA disputed liability, maintaining that the vehicle was reasonably safe, complied with all applicable federal regulations, and that no law requires pedestrian-detection or automatic-braking systems on commercial trucks. DTNA argued that the accident was caused by the negligence of the driver and the decedent, and that extensive testing and expert analysis showed pedestrian automatic emergency braking would not have prevented the collision under the conditions present.
During the trial, the plaintiffs stated they would seek a total of $365 million in compensatory and punitive damages. Just before closing arguments, the trial court dismissed the punitive damages claim against DTNA. The plaintiffs requested $60 million in compensatory damages in their closing argument. After a relatively short deliberation, the jury returned a full defense verdict for DTNA, finding the absence of an ADAS system did not render the truck defective or unsafe, and assigning the company zero percent fault. The jury assigned 85 percent fault to the driver and his employer motor carrier, and 15 percent fault to the decedent. They awarded $5 million in damages for the death; $500,000 to the decedent’s husband, and $40,000 for emotional distress.
The Shook team was led by first-chair Michael Kleffner, and included second-chair Jennifer Artman, Mackenzie Stout, Marissa Gonzalez-Mason, and Taylor Markway on legal issues and briefing.
Burgess v. Daimler Truck North America LLC, Eastern District of Washington, Case No. 1:23-cv-03054 (May 13, 2026)
