OVERLOADED TRUCK ACCIDENT
Commercial Hauler Overweighted/Cannot Stop For Red Light
Our client was a 39 year old single father. He left work for the evening and was driving home along Hwy 3089 in Ascension Parish. Shortly before he approached the intersection of Marchand Drive and St. Patrick, he moved to the right hand lane. As he approached the intersection he saw the light change from green to yellow and began slowing to stop in anticipation of the red light. As our client slowed to a stop, he was unexpectedly slammed into from the rear by a large truck. Our client was propelled through the intersection and eventually came to a stop on the median.
The vehicle that struck our client was a commercial truck which had spent the day picking up used and discarded tires for recycling. The driver had completed a full day’s route which had taken him to multiple stops from Baton Rouge to Houma. His truck was fully loaded with used tires. The driver was not paid by the hour, but rather by the day. The driver was still several miles from his eventual drop off point and the accident occurred well after 5 PM. The driver testified that he saw the light changing, but was unable to stop prior to the collision. It was clear to our attorneys that this driver chose to overload his truck and was in a hurry to drop off his load. In an attempt to protect himself and his job, the driver pointed the finger at our client, alleging our client changed lanes in front of him and suddenly stopped short. The driver also manufactured a story that he saw our client on his cell phone just before the crash. The physical evidence did not support either of these non-meritorious allegations.
As a result of this violent collision our client experienced bad neck pain. Our client tried chiropractic care, physical therapy, medication, and even spinal injections, but nothing provided sustained relief. This overwhelming pain stole value from our client’s life, in that at this time his father was gravely ill and he was unable to spend quality time with his terminal father due to neck pain. His father passed away while our client was still being treated for this neck pain.
Our client eventually underwent a cervical fusion, whereby disc material within his cervical spine was removed, artificial spacers were applied, and titanium hardware was attached directly to the bone. He then underwent a full year of rehabilitation.