Posted On July 23, 2019 Case Studies
The combination of rainy weather and a distracted driver left one man – a veteran and entrepreneur – permanently disabled.
A driver who takes their eyes off the road – even for a second – turns their vehicle into a blind missile. Our unsuspecting client found out firsthand just how much damage a careless driver can do when he was rear-ended by a commercial vehicle.
Our client was stopped at a red light on a rain-swept road in Cherry Hill, New Jersey. His life changed forever when a commercial truck plowed into the back of his vehicle.
The sheer force of the impact pushed him into the busy intersection of Route 70 and Haddonfield Road, where oncoming traffic left our client vulnerable to additional collisions.
The commercial truck driver readily admitted that he “wasn’t paying attention” and “couldn’t stop his vehicle.” But admitting to his distraction didn’t change the fact that our client suffered irreparable damage. Thousands of people are injured or killed every year by commercial trucks, and this is one accident that could have been avoided had the driver been more careful.
The rear-end accident left our client, dazed, and groggy. He experienced rear-ended crash injuries like headaches, back pain, and neck pain. He turned down an ambulance at the scene, but he continued to feel sore and achy. Believing his injuries to be minor, he initially attempted to manage his pain with over-the-counter medication.
Later that week, he went to the hospital, where he reported back and neck pain. Hospital staff sent him for X-rays and gave him prescriptions that offered only temporary pain relief – then sent him home. But the pain got worse.
A month later barely able to move‚ he sought the care of his family doctor. Faced with mounting medical expenses and injuries that just wouldn’t go away‚ he now knew that it wasn’t only a doctor he needed.
He also needed a truck accident attorney.
Fortunately, he turned to us for help with his commercial truck accident.
Once hired, our New Jersey truck accident attorneys immediately put our client in touch with top doctors who specialized in treating accident injuries. In many cases, your family doctor can’t treat your accident claim. The paperwork for insurance billing is more complex than most offices can handle. When this happens, as it did here, we recommend local doctors who can help you. We knew he needed the best care to help alleviate his growing list of symptoms – which by that point included numbness in his extremities and constant headaches.
On another front, we took over the dealings with the insurance companies. We had to hold the other driver accountable for the injuries our client suffered. Perhaps more importantly, we had to get him every dollar of compensation he deserved.
One of the first questions that our client asked about this accident was whether the driver or the employer was liable in the crash. This answer would bring together our strategy to work with the insurance provider for a hit by a semi-truck settlement.
If an employee is responsible during an accident when they are driving an employer’s vehicle, then the employer is considered equally liable in the case. This is often good news for people who are involved in a semi-truck accident, especially if multiple personal motor vehicles are involved because most companies have business liability insurance for just this purpose. Instead of working directly with the driver who caused the accident, the victim can work with their employee and the employer’s attorneys. This process is made even easier when working with a truck accident attorney like Console and Associates. Our client knew we had experience with accidents related to semi-trucks and contacted us once they realized their injuries were more serious than they initially thought.
Our client had always been a hard worker. Prior to the accident, he’d spent years serving our country in the U.S. Marine Corps and then started his own commercial truck driving business. For much of his life, he worked multiple jobs.
Now – at age 44 – he suddenly could no longer do the things he used to do.
The physical injuries he suffered in the accident, including multiple herniated discs throughout his back, impacted his life on a daily basis.
He could no longer drive for extended periods of time. He couldn’t raise his arms above his head. The nerve damage he sustained when he was hit by a commercial truck left him with ongoing tingling in his limbs.
As our legal team settled our client’s personal injury claim‚ the Social Security Administration ruled him permanently disabled.
Switching gears‚ we filed a claim against our client’s private disability coverage. That was when the insurance company decided to play games.
Instead of paying out the benefits he deserved, the insurance company played dumb. Its representatives said they had no knowledge of our client’s disability claim. When we asked why they chose to deny the claim when our client was ruled legitimately disabled, they had no explanation.
We weren’t willing to accept such flimsy excuses. So we filed suit against the insurer.
It wasn’t an easy case, but we weren’t about to give up. When we couldn’t find the name of any insurance company employees on our client’s policy documents‚ we pursued – and won – a court order forcing a senior executive of a multinational insurance company to appear in our office for depositions.
Within days‚ attorneys for the insurance company were falling over themselves to agree to our settlement demands.
When our clients are in accidents involving tractor-trailers, they often ask us what their settlement is worth. With this case, as with all others, couldn’t provide an exact dollar amount until we negotiated with the insurance company. However, there are a few factors that we take into consideration a truck accident lawsuit like this one when developing a claim. These include medical bills, lost wages, and pain and suffering.
On top of coverage for bodily injuries, we also include property damages in our claims. In a rear-end case like this one, this means damage to the passenger vehicle, along with the cost of other items that were damaged because of an accident.
Once you start to see how these factors vary from case-to-case, you can understand why truck accident settlement amounts vary so widely.
Our client ended up having multiple claims. There was the car accident claim itself, and then the bad faith insurance denial claim against his insurer. We got him a total settlement of $515‚000.
It’s still not fair that this man lost his health, his mobility, and his career due to one driver’s careless actions on this one rainy day. However, this rear-ended accident settlement was enough to compensate him for his injuries and the wages he lost.
We specialize in personal injury law, and have handled the complexities of truck accident cases for more than 25 years. With Console & Associates, P.C., you can rest assured that we understand commercial companies and the tactics of their insurance providers. Let our attorneys negotiate your commercial vehicle accident settlement while you focus on your recovery.
If you’re wondering what to do after an accident with a commercial truck, we can help.
And, we can help you no risk and no up front cost to you.
In fact, if we don’t get you money, you don’t pay us anything. It’s part of our no fee promise. If someone else’s negligence caused your injury, your ability to get your life back on track shouldn’t depend on your ability to pay.
At Console and Associates, it never will.
Call (866) 778-5500 now for your free, confidential consultation.