Car, Truck, and Motorcycle Accidents – Sample Cases
… A 50-year-old woman, her son and some friends were returning in her car from a trip to an amusement park in Ohio. Almost immediately after she exited the interstate, a construction vehicle traveling in the opposite direction suddenly turned in front of her path, causing a terrible impact. She shattered her heel bone and missed several months of work. She was a single mother raising her teenage son. The case settled on the eve of trial after extensive negotiations during a private mediation hearing.
… A 44-year-old woman rented a limousine for her daughter’s wedding. As she was stepping out of the limousine after buckling in her Godchild, the step attached to the door collapsed and she fell forward but was caught by one of the groomsmen. She severely injured the tendons in her ankle. When the lawsuit was filed, the limousine company was out of business and the owner was in jail for fraud involving an unrelated business. After extensive investigation and several depositions, the insurance company settled with the woman.
…A 45-year-old golf course owner shattered bones in his right leg and left foot after a careless driver crossed the center line, striking the man’s car head on. The careless driver had minimal automobile liability insurance. The golf course owner presented a claim to his own insurance company for underinsured motorist benefits. After a series of hearings, three arbitrators directed the insurance company to pay the man and his wife the full amount of his benefits.
…A 55-year-old building custodian was waiting in her car at a traffic light. A driverless car rolled out of a nearby parking lot, over a hill, and crashed into the custodian’s stopped car. The crash triggered a prior seizure disorder. The owner of the driverless car claimed that she put it in park before leaving to do some shopping. Investigation showed that this model of car had problems with its parking gear, permitting the key to be removed from the ignition even when the car was not in part. After the investigation and depositions, the car manufacturer settled the claim.
…A 55-year-old woman had neck surgery after the car she was riding in was rear-ended. The pre-existing arthritis in her neck was aggravated by the car crash, causing severe pain and endangering her spinal cord. A settlement was made with the other driver’s insurance company for the limits of his insurance policy. When the woman’s own insurance company refused to make a fair settlement of her underinsured motorist claim, three arbitrators awarded her substantially more than she had requested.
…A 17-year-old girl was a passenger in her boyfriend’s car travelling on a country road. The boyfriend lost control on a curve, crossing the center line and striking an on-coming vehicle head on. The young woman suffered life-threatening injuries, including a torn aorta, the main artery of the heart, as well as broken bones in her face and leg. She stayed almost a month in the hospital and had to repeat her senior year of high school. After negotiations, the case settled for a lump-sum up front cash settlement plus monthly payments for ten years.
… A 50-year-old nurse was a passenger in her husband’s pick up truck when a young driver, talking on her cell phone, changed lanes suddenly in front of them causing a collision. The nurse had “limited tort” auto insurance which meant she could only recover for her pain and suffering if she had a serious injury. She had a long history of depression before the crash. Although her head did not strike the interior of the truck, the sudden acceleration and deceleration caused a brain injury. She had post-concussion syndrome and was permanently disabled. The young driver’s automobile insurance company initially refused to settle for the moderate limits of her insurance. Because the insurance company was afraid of a large verdict and second lawsuit for its bad faith claims handling, the case settled shortly before trial for several times the insurance limits.
… A 59-year-old airport control tower supervisor was driving home on a winding road. A pilot, driving on his way to the airport in the opposite direction, flew up the road, lost control and crossed the center line. A terrible collision occurred. The supervisor was cut out of his car and rushed to the hospital. He had a severely broken right wrist, right ankle and left forearm. All three limbs required surgery with plates, pins and screws. A lawsuit was filed. Shortly before the trial, the parties agreed to a minimum and maximum that the supervisor would receive. The jury returned a very substantial verdict that was slightly less than the maximum amount agreed to.
… A 35-year-old woman and her husband were killed when their car was hit head on by an oncoming pickup truck. The other driver, who was drunk, was returning home from a bachelor party at his hunting lodge. After a lawsuit was filed in the rural county where the crash took place, a substantial settlement was reached with the drunk driver’s insurance company. The settlement proceeds will be used to fund a trust for the woman’s three teenage sons. The drunk driver is serving 6 to 12 years in the state penitentiary.
…A 17-year-old boy was driving home one evening when a drunk driver crossed the road, smashing into his car. Two bones in the young man’s foot were broken, requiring extensive reconstructive surgery. The drunk driver had been conducting company business at a bar earlier that evening. His company knew that he had a habit of drinking excessively while entertaining clients. After trial, a jury found that the drunk driver, the bar and the drunk driver’s employer were all responsible for the young man’s injuries.
… A 49-year-old mechanic was riding on his motorcycle when he approached a broken down bus. The bus driver signaled a motorist at a stop sign on the intersecting street that it was safe to proceed. To avoid a crash, the mechanic laid his motorcycle down. He sustained a injury to his right hand and thumb, which made it difficult to do car repairs. The case settled with the motorist’s insurance company for the policy limits.
… A 45-year-old delivery man was standing in his parked van after making a local delivery. A driver backed out of his driveway, striking the parked van and knocking the delivery man off his feet. The delivery man tore the rotator cuff in his shoulder, requiring surgery. He was off work for almost a year. Because the worker’s compensation insurer had a large claim for reimbursement of medical expenses and lost wages, the driver’s auto insurance was not enough. After settling with the driver, an additional claim was made with the delivery man’s own insurance company for underinsured motorist coverage. The claim was settled for a significant sum after the delivery man’s sworn statement was taken.
… A 78-year-old widow was crossing the street with her wheeled walker. An 88 year old woman, pulling out of a driveway, hit the widow and knocked her to the ground, sending her walker flying. The impact fractured her tibial plateau, the bone where your knee connects with your shin. From the hospital she was transferred to a skilled nursing home for three months of rehabilitation. The fractured bone healed, but the widow had a permanent deformity. Her knee was turned inward, making her prone to falling. A lawsuit was filed. The case settled for a substantial sum after the orthopedic surgeon’s medical deposition was recorded shortly before jury selection.
… A 73-year-old widow and her 46-year-old daughter were driving on a dark county road when headlights suddenly appeared coming towards them in their lane. There was a horrific impact between the vehicles, the widow’s aortic artery was torn and she began to bleed heavily. Only prompt emergency surgery at a trauma center saved her life. The widow’s medical bills were covered, but there was not enough motor vehicle insurance to compensate her for this terrible injury. An automotive engineer was hired to determine why the car’s air bags never deployed. The engineer found that there was nothing wrong with the air bags and they should not have deployed since there was more of a side impact than a frontal impact.
… A 49-year-old high school football coach, recovering from open-heart surgery, returned home to find a car crashed into a tree in his front yard. The female driver was trapped in the car. There was an odor of gasoline and lit cigarette on her chest. The coach forced the driver’s door open enough to reach in and remove the lit cigarette. He injured the nerves in the back of his neck because of his rescue efforts. The driver was sued because she negligently created this careless situation which resulted in the coach’s injuries. Because she had low automobile liability insurance limits, the coach’s underinsured motorist carrier was also sued. Both lawsuits were settled shortly before trial.
… A 38-year-old woman was sitting in a church classroom leading the closing prayer for her three to five-year-old Sunday school class. An 85 year old parishioner was parking her car outside when she mistook the gas pedal for the brake, crashing through the classroom wall just behind the woman. The force of the impact propelled the woman and everything on the windowsill toward the center of the room. The woman developed numbness and tingling down her arm. She had physical therapy and massage therapy. The case settled with the 85-year-old woman’s automobile liability insurer.
… A 52-year-old tractor-trailer driver was driving his flat bed truck on a rural country road. As he entered an intersection, a drunk driver pulled out from the side road. The drunk driver’s vehicle struck the truck’s steer axle and lodged under the truck. The tractor-trailer driver, no longer able to steer, lost control and crashed into a nearby house. The drunk driver and his female passenger were both dead at the scene. The damage to the house and surrounding area looked like a war zone. The tractor-trailer driver had minimal physical injuries, but developed post traumatic stress disorder because of this terrible crash. He eventually quit driving tractor-trailer and his marriage broke up. The lawsuit against the estate of the drunk driver was eventually settled by his motor vehicle liability insurance company.
… A 64-year-old traveling salesman was driving home from an appointment when an on-coming truck suddenly crossed into his lane, hitting his vehicle head on. Trapped in the car, he had to be extricated. The impact fractured his right tibial plateau, which is part of the knee joint. He was spared surgery, but was unable to work for several months. He faces the possibility of a total knee replacement down the road. The other driver’s insurance company and his own underinsured motorist company settled his claims for the policy limits. A reasonable amount of the liability settlement was allocated to his wife’s claim. That way, his employer’s workers compensation insurer only got reimbursed for its medical payments from his share of the settlement, not his wife’s share.
… A 57-year-old psychologist and her 64-year-old wife were walking their dogs in a residential area. As they were crossing the street in the middle of the crosswalk, a car driven by an 83-year-old woman turned left into the crosswalk, striking both women and both dogs. The 64-year-old woman’s knee, leg and two vertebra were shattered. One of the dogs was killed. The psychologist and the other dog escaped with minor injuries. The 64-year-old woman recovered from her injuries after extensive medical treatment but will probably need knee replacement surgery. The case settled out-of-court for a significant sum.
… A 25-year-old man, his girlfriend and his girlfriend’s young son were backseat passengers in their friend’s car. An on-coming car suddenly turned in front of them causing a substantial impact. The man lost consciousness and had a neck and shoulder injury. Because he did not have a car, or car insurance, and his friend, the driver, was uninsured, most of his medical bills were paid by the Pennsylvania Assigned Claims Plan. A Board of Arbitrators awarded him money, with some of the award being paid back to the Plan.
… A 42-year-old investigative social worker was driving through a tunnel in her Jeep. A sports utility vehicle slammed into the rear of her Jeep, pushing her into the vehicle in front of her and turning her Jeep sideways. Before the crash, the social worker suffered from a condition called trigeminal neuralgia. This is a nerve disorder which causes sharp, stabbing pains in the cheek, lips, gums and chin. She needed surgery to correct this condition. After the crash, she developed a new type of pain from a condition called occipital neuralgia. This causes pain on one side of the back of the head. She went to the Pain Clinic for monthly injections into her skull. She also took medication. The case eventually settled with the other driver’s insurance company.
… A 58-year-old jewelry store clerk was stopped in traffic on a four-lane highway. She noticed in her rear view mirror that a car behind her was driving erratically. Suddenly, the car crashed violently into the rear of her stopped vehicle. She was pushed into the vehicle in front, resulting in front and rear end damage. She had musculoskeletal injuries to her neck. She also lost income at the jewelry store, particularly for commissions she would have earned during the Christmas holiday. The case eventually settled with the insurance company for the rental car company that had rented the car to the driver.
… A 38-year-old project manager was driving home from work with her co-worker. She came to a stop at the end of the exit ramp on the highway. As she was waiting for the light to change, her car was struck violently in the rear by a large sports utility vehicle. She developed headaches and injured her neck and shoulder. A lawsuit was filed against the other driver and discovery depositions were taken. The case the settled soon afterwards.
… A 51-year-old telephone company account manager was stopped at a red light when his Jeep Wrangler was struck violently from behind by another vehicle. The impact pushed him across the road and into a nearby parking lot. He developed an impingement of his shoulder and a herniated disc, resulting in numbness in his leg and foot. When the other driver received the suit papers, which merely listed the names of the parties, he confused this incident with one of his other legal misadventures, calling the office to tell us “I didn’t know that that television was stolen.” The case settled shortly before trial. A companion underinsured motorist claim against the manager’s automobile insurer later settled.
… A 31-year-old consultant was driving into Pittsburgh about to exit the Fort Duquesne Bridge when a tractor trailer suddenly merged into her lane, crashing into her car. She had musculoskeletal injuries to her back and neck. The tractor trailer’s insurance company settled the case for a favorable amount.
… A 41-year-old contractor was on his way to a job when his pickup truck was rear ended. The contractor injured his neck and shoulder. Since he later filed for personal bankruptcy, the bankruptcy court had to approve my appointment as his attorney and any settlement. After the case was settled with the other driver’s automobile insurer, a portion of the settlement had to be turned over to the bankruptcy trustee to pay back the contractor’s creditors.
… A 68-year-old retiree exited a bus and crossed the indicated busway to catch another bus. The retiree tripped and fell on an uncovered drain hole that was hidden in the shadows. She injured her hand, which became infected. She also injured her neck and shoulder. A lawsuit was filed and a board of arbitrators awarded her a fair amount for compensation for her injuries.
… A 6-year-old boy was riding his sister’s pink banana bike when he rode into the street and was hit by a speeding car. He fractured his right thigh bone, and needed internal fixation of the bone with nails and a screw. The other driver’s automobile insurer agreed to pay its liability limits. The underinsured motorist insurer for the boy’s mother also agreed to pay its liability limits. After court approval, the case settled and the settlement funds were placed in a court-supervised account until the boy reaches 18 years old.
… A 45-year-old trucker injured his neck when his vehicle was hit by an uninsured motorist. His injuries forced him to close his trucking business. He was able to do other work, but earned less than he was making before the wreck. An accountant was hired to calculate his net earning loss. After medical depositions were taken, his own uninsured motorist carrier settled his claim for a significant sum.
… A 47-year-old salesman was driving his SUV across a bridge when a car coming the other way crossed the center line, striking him head on. The other driver was killed in this severe impact. The salesman injured his neck, but his main problem was injury to nerves in his foot. He treated extensively with a foot and ankle surgeon. After the other driver’s automobile insured paid its minimum policy limits, an additional claim was made for the salesman’s own underinsured motorist benefits. Three privately chosen arbitrators awarded the salesman additional compensation after hearing.
… A 55-year-old cook stopped his car at a stop sign, looked both ways and then proceeded into the intersection. A speeding van, approaching from the cook’s left on a road without a stop sign, crashed into his car. The cook fractured three ribs and his hip. At trial, an automotive engineer explained how the collision would have been avoided if the van had not been speeding. The jury entered a favorable verdict for the cook.
… A 47-year-old taxi driver was returning home after dropping off his last fare. As he exited the interstate, a car driving the wrong way hit his taxi head on. The driver, who was elderly, was not permitted to drive after dark. In his confusion, he thought it was 10:00 a.m., not 10:00 p.m. The taxi driver sustained a concussion and a knee injury. After a lawsuit was filed, a Board of Arbitrators awarded him the maximum monetary damages available.
… A 20-year-old college student was driving home when his stopped car was violently struck in the rear by a drunk driver. His neck, back and ribs were injured. He was also unable to work at his family’s produce company. All of his medical expenses were covered by his auto insurance. The case settled favorably with the drunk driver’s car insurance company.
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