Settlement: $7,600,000
Our client was driving on Interstate 64 in the middle of the night when he crashed into a disabled pickup truck that was stopped on the highway. His only recollection of the incident was seeing a blinking yellow light a split second before the impact.
Unbeknownst to our client, this was the second collision in a 3-car crash that started before he hit the disabled truck. Shortly before our client’s collision, Defendant #1 was operating a tractor-trailer some distance ahead on the highway. Defendant #1 had attempted to change lanes when it struck the pickup truck operated by Defendant #2. Upon impact, the pickup truck spun out of control, collided with the right-side guardrail, and then came to rest in the right travel lane, blocking traffic.
Our client (the plaintiff) did not see the first crash, but became involved once he collided with the pickup truck blocking the right lane. Making the case even more complicated was the dispute between Defendant #1 and Defendant #2. Each alleged that the other had made an unsafe lane change, causing the initial collision. The physical evidence was inconclusive.
Nearly every aspect of the case was hotly contested. Defendant #2 argued that our client was on his cell phone at the time of his collision and negligently failed to keep a proper lookout for hazards ahead. Defendant #2 also filed a lawsuit against Defendant #1 and our client for the injuries Defendant #2 sustained in the crash. Defendant #1 filed a crossclaim against Defendant #2 and our client in each lawsuit, respectively. A total of 29 depositions were taken during litigation.
Although the tractor-trailer operated by Defendant #1 was equipped with a video camera, the crash video was not retained by the trucking company, even though their own crash reconstruction expert advised them to save the video.
As a result of the crash, our client suffered life-threatening injuries. He was transported to a level I trauma center, where he was diagnosed with a right femur fracture, grade 3 liver laceration, carotid artery dissection, pulmonary contusions, and various lacerations.
Our client remained in the hospital for twenty-two days, undergoing multiple surgeries and procedures. Upon release from the hospital, he was diagnosed with post-traumatic stress disorder, anxiety, depression, and insomnia. His past medical bills totaled $802,031.06 and the cost of his future medical care is estimated to be $2,309,952.95.
Prior to the collision, our client was a logistics officer in the United States Army. Due to his injuries, he was medically discharged. Military experts provided testimony regarding the value of lost earnings our client will sustain due to the medical discharge. Experts for Defendant #1 argued that the lost earnings were speculative, and can be offset by career opportunities in other fields.
The plaintiff’s case settled one week after mediation for $7,600,000.00. The attorneys representing the plaintiff were Jason Konvicka, Parker Allen, and Ashley Davis.
