Plaintiff Secures $1.45M Settlement After Being Rear-Ended by Box Truck
A plaintiff recently secured a $1.45 million settlement after being rear-ended by a box truck. According to the lawsuit, the plaintiff was injured in 2018 when his car carrier transport vehicle was struck from behind by a box truck owned by a company. The ensuing accident left him severely injured according to the complaint.
The plaintiff, who was 46 years old at the time of the accident, was driving westbound on I-495 when his car carrier was rear-ended by a box truck operated by a lumber company. As a result of the crash, the plaintiff suffered injuries to his spine and knees. He was able to drive the vehicle back home, but once home, he sought medical attention for his injuries. Doctors found aggravations to the plaintiff’s preexisting herniations of his cervical vertebrae at C4-5 and C5-6, as well as an aggravation of the arthritis in his knee. He underwent a procedure to remove part of his meniscus. Due to ongoing knee pain, the plaintiff required a total knee replacement surgery to repair the damage. The plaintiff also required a fusion and discectomy of C5-6.
The plaintiff alleged that as a result of the injuries he was no longer able to enjoy recreational activities such as soccer on the weekends. He also experienced pain while he was working, according to the lawsuit.
Elements of negligence
In this case, the driver of the truck was responsible for the accident that led to the plaintiff’s injuries. In the vast majority of cases, a driver who rear-ends another driver is the one who is primarily responsible for the accident. In these cases, the driver likely didn’t keep an accurate lookout and failed to stop in time before they rear-ended the driver in front of them. That appears to be the case here.
When the matter of negligence is all but settled, the defense usually takes the posture that the plaintiff’s injuries could not be explained entirely by the accident. In this case, the defense presented an expert witness who opined that the plaintiff’s injuries were the result of pre-existing conditions and that the force of the accident was insufficient to result in such extensive injuries. While this argument has merit, a defendant can be accused of aggravating a plaintiff’s pre-existing injuries so long as the matter of negligence is established. In this case, it was. The defendant was responsible for the accident and hence, the defendant was also responsible for the plaintiff’s injuries.
The case settled for $1.45 million due to the aggravation of pre-existing conditions resulting from the accident. The plaintiff was compensated for medical expenses and pain and suffering damages.
Talk to a Tampa, FL Truck Accident Injury Attorney Today
The Tampa, FL truck accident lawyers at The Matassini Law Firm represent the interests of those injured in truck accidents. Call our office today to schedule a free consultation and we can begin discussing how you can recover damages related to your medical expenses, lost wages, and reduced quality of life.
Source:
law.com/njlawjournal/2023/11/30/rear-end-truck-collision-nets-1-45-million-settlement-for-injured-driver/
