Rear End Collision with Delivery Truck

REAR END COLLISION – $900,000 Settlement:  A furniture company made a bad decision when they entrusted a young, inexperienced and untrained driver to safely operate a large delivery truck on our local streets.  With the loaded truck approaching a busy intersection, and having the forward traffic at a complete stop, the young driver was unaccustomed to the pedals and pressed the accelerator rather than the brake.  The truck violently crashed into our client’s SUV as it sat waiting for the light to turn green.

Our client, a 42 year old married father of two, initially tried to “shrug-off” his the pain, but by the evening he found himself seeking emergency medical care.  He found himself with a degree of back pain that completely overwhelmed every moment of his day.  As a software professional employed with a local technology company, the majority of his days were usually spent in a seated position.  However, following this crash, any pressure on his spine created by a seated position was simply too much to handle.   After multiple invasive procedures having failed, normally a spine fusion surgery would have been an option, however our client had unfortunately had a spine fusion at age 12.

Because the fusion occurred at such a young age, he had recovered very well with no residual problems and was enjoying a pain free lifestyle. His recovery had been so good, he was even able to play high school football.  However. given that another fusion was not an option, his physicians recommended that he undergo a spinal cord stimulator implant, whereby an electrical device would permanently grafted to his spinal cord.  This device would have an external control, such that when is in severe pain, he can send electrical impulses over his spine to mask the pain.  The implant requires internal batteries to be surgically replaced every 8 years.

The insurance company tried to argue the majority of his back problems were somehow related to the successful procedure he had 3o years prior.  It was noteworthy that the insurance company could not even find an insurance company doctor to agree with such a ridiculous position.  After months of posturing that they would not pay the totality our client’s loss, shortly before trial, the attorneys at BEALL & THIES forced them to do the right thing.

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