What You Need to Know If You're Injured in a Truck or Car Accident – Lessons from Bogdanski v. Budzik

When you're involved in a car or truck accident, your first concern is safety. But soon after,

you’re faced with a mountain of legal and financial questions. The Wyoming Supreme

Court’s decision in Bogdanski v. Budzik offers a powerful example of what happ ens when a

truck accident turns into a serious legal battle—and what you need to know to protect

your rights.

The Accident: A Dangerous Winter Haul Gone Wrong

In Bogdanski, two co-drivers were hauling FedEx trailers across Wyoming in the middle of

February. Snowfall worsened as they traveled west on I-80. When driver Damian Budzik

encountered stopped traffic, he pulled into the left lane but was ultimately unable to move

the truck. His co-driver, Mariusz Bogdanski, exited the sleeper cab to inspect the situation

and was climbing the trailer’s catwalk when another semi-truck rear-ended them—throwing Bogdanski to the ground and causing serious injuries.

The Claims: Negligence, Vicarious Liability, and Industry Standards

Bogdanski sued Budzik for negligence and FedEx for both vicarious liability (based on

Budzik’s conduct) and direct negligence (based on FedEx’s alleged failure to train). FedEx

admitted it would accept responsibility for any negligence by Budzik. The court ultimately

dismissed the direct negligence claim but held that the vicarious liability claim against

FedEx should go to trial, citing disputes over whether Budzik violated industry safety rules,

including:

Failing to place emergency triangles within 10 minutes (per 49 C.F.R. § 392.22);
Failing to install tire chains in deteriorating weather;
Not locking the rear axles to improve traction.

These safety oversights created a genuine dispute over whether Budzik met the required

standard of care.

What Must You Prove to Win a Personal Injury Case?

To succeed in court, a plaintiff must prove the elements of negligence:

Duty – The driver (or trucking company) owed a legal duty to operate the vehicle safely.
Breach – That duty was violated (e.g., speeding, not placing safety triangles).
Causation – The breach caused your injuries.
Damages – You suffered actual injuries or financial losses.

In Bogdanski, the case turned on whether Budzik breached trucking safety standards and

whether those failures caused the injury. If so, FedEx would be liable under the legal

doctrine of respondeat superior, which holds employers responsible for employees’ negligence on the job