Inattentive Driver Causes Neck Fusion
Rear End Collision – $600,000 Settlement: Our client was a 43 year old single father of twin girls. He had recently been divorced and was looking forward to developing a one-on-one relationship with his daughters. As he proceeded to work one morning he came to a stop to allow a forward vehicle to make a turn. While our client allowed the turning vehicle to complete his movement, a municipal employee was quickly approaching our client from the rear. The municipal employee was also on his way to work, but was completely distracted from the roadway and other vehicles. Choosing to not have his eyes on the road, the municipal employee violently crashed into the rear of our client.
Within hours after the accident our client began to experience severe pain and restrictive movement in his neck. Additionally, at the time of impact and as a result of energy moving through the vehicles, our client’s hand (which had been on the steering wheel) was bent awkwardly backward. Having no relief from his neck and hand pain he presented to an orthopedic specialist.
Diagnostic testing showed nerve damage to our client’s hand and serious and permanent damage to our client’s cervical spine. Two discs within his cervical spine had been severely compromised. To his credit, our client attempted conservative measures to avoid a surgical intervention. Unfortunately, his ongoing pain interfered with his quality of life to such a degree that he felt surgery was his only option. His daughters were becoming active in school and extra-curricular activities and because of the choice of a distracted driver he was now missing out on this invaluable part of their lives.
Our client’s doctor removed two levels of disc within his cervical spine, applied artificial spacers, and attached titanium hardware directly to the bone. Our client had a successful outcome only after a full year of rehabilit.
After we filed the lawsuit, the municipality and the distracted driver both filed a non-meritorious defense into the court record, wherein they denied any fault. However, once under oath in a deposition, our attorneys were able to get the distracted driver to admit fault in the accident.