After picking up the red 4Runner from a rental car company in West Palm Beach, the tortfeasor / negligent driver violated our client’s right-of-way and made a u-turn into our client’s vehicle, which caused it to hit a curbed median and roll over onto its roof.
Our client, who was on the way to a work meeting on behalf of his employer, was in the course and scope of employment at the time of the incident. He suffered neck pain, headaches, and low back pain forcing him to treat with multiple doctors, both through Workers Compensation and outside – all of whom said his injuries were related to the crash.
Therefore, not only did our client have a claim for personal injuries against the auto insurance company for the driver of 4Runner, but he also had the right to pursue a Worker’s Compensation claim for medical expenses and lost wages through his employer’s compensation carrier all arising out of the same event.
From the outset, the insurance company for the negligent driver did not accept liability for its insured which forced this law firm to file a lawsuit against the driver. Fortunately, we diligently investigated the crash by obtaining the investigating officer’s Body Worn Camera video which showed that the negligent driver admitted that she did not know how the crash occurred.
Despite the denial, through discovery and depositions we established that the negligent driver was not properly paying attention, had no basis to claim our client did anything wrong, and likely was on her cell phone based upon the subpoenaed records for her phone company.
With the mounting evidence against the insurance company’s client, Law Partners Jason J. Guari & Scott B. Perry resolved the personal injury side of the case for $345,000 at a court ordered mediation, which is required in every filed case. Our client’s Workers Compensation claim is not included in the above settlement.
It is important to understand that if you are involved in a car crash while in the course and scope of employment, you may have multiple options of recovery for your injuries and damages, including liability claim against the other driver, Uninsured/Underinsured Motorist Claim, and/or a Workers Compensation Claim. It is important to retain counsel who understand how all of the avenues of recovery work together.
