Partner Scott Perry had the privilege of representing a young husband whose vehicle rolled multiple times after being struck in the rear by an out-of-control dump truck. The force of the impact initially threw our client’s vehicle into a 360-degree spin before flipping over a concrete curb and rolling multiple times onto its passenger side. Below is a photograph of our client’s vehicle after the crash.
Our client suffered an aggravation of a pre-existing shoulder injury for which he underwent an open procedure to repair his rotator cuff with insertion of anchoring as well as a new injury to his neck.
The dump truck’s insurance company argued the crash was not its driver’s fault and further argued the crash did not cause the injuries our client claimed, due to his pre-existing condition.
After thoroughly investigating the crash, we quickly dismantled their liability argument with witness statements, physical evidence, and the law of physics to prove the dump truck driver was 100% at fault. After overcoming that hurdle, we then addressed the issue of whether this crash caused our client to have shoulder surgery. Admittedly, our client had a pre-existing shoulder injury for which surgery had already been recommended; however, our client’s own testimony and medical documentation revealed that before the accident he was doing everything possible to avoid surgery and, in fact, was active. Only after this crash, did his shoulder pain become unbearable to the point that he decided to move forward with surgery. In other words, “but for” the crash, he would not have agreed to surgery.
Not allowing the insurance company’s arguments and delay tactics to discourage us, we demanded full value for our client or face a jury. Luckily, the insurance company’s realization that we were prepared to litigate this matter through trial brought about a meaningful settlement on behalf of our client.
When injured through the fault of another, it is important to have a dedicated team, like those at Murray Guari, who refuse to backdown and will fight to bring justice to our clients.