$1.45M Settlement Reached After Rear-End Collision with Box Truck
A New York plaintiff recently reached a $1.45 million settlement with a lumber transport company when the car carrier transport vehicle that he was operating was rear-ended by a box truck, leaving him with severe personal injuries. The 46-year-old plaintiff was driving westbound on I-495 in North Hills, New York when a box truck operated by the employee of a lumber company rear-ended the car carrier. As a result of the crash, the plaintiff suffered substantial injuries to his neck and knees but still managed to drive the car carrier back to New Jersey where he then sought medical care for his injuries.
A medical examination revealed aggravations to the plaintiff’s preexisting herniations of cervical intervertebral discs at C4-5 and C5-6, as well as the aggravation of arthritis in his knees. He had to have a partial meniscectomy on his right knee, and due to considerable knee pain, he eventually required a total knee replacement. He also required a spinal fusion and discectomy at C5-6.
As a result of his injuries, the plaintiff said that his ability to play in his regular Sunday soccer games was impacted, and he experienced considerable discomfort while working.
As a result of his personal injury lawsuit, the plaintiff was able to secure a settlement for $1.45 million. His suit was filed against the driver of the box truck, the owner of the truck, and the company that employed the driver.
Analyzing the defense
In this case, the defense brought on an expert witness who contended that the force of the collision was not enough to cause the plaintiff’s injuries. The plaintiff sought to exclude this witness based on a lack of available evidence to corroborate his claims. The defense also brought on an expert in orthopedics to testify that the plaintiff’s injuries and treatments were the result of well-established preexisting conditions, a common argument especially when the question of the driver’s negligence is not in doubt.
In cases where there is no dispute between the plaintiff and the civil defense team as to negligence, the defense will seek to limit the plaintiff’s damages by arguing that the injuries were more the result of preexisting conditions than the result of the accident. In this case, the plaintiff claimed that the accident aggravated his preexisting injuries. You can recover damages for the aggravation of a preexisting injury, but juries won’t necessarily award plaintiffs as handsomely in those cases as they will when there is a one-to-one correspondence between the injuries and the accidents.
Nonetheless, the civil defense team saw fit to settle the case before it went before a jury. Hoping to avoid a larger jury award, the case settled for $1.45 million.
Talk to a Tampa, FL Truck Accident Lawyer Today
The Matassini Law Firm represents the interests of Tampa residents who have been injured in commercial trucking accidents. These cases can quickly become complicated. You need an experienced lawyer who will fight for your right to be justly compensated for your injuries. Call our Tampa personal injury lawyers today to schedule an appointment and learn more about how we can help.
Source:
law.com/njlawjournal/2023/11/30/rear-end-truck-collision-nets-1-45-million-settlement-for-injured-driver/
