Tractor Trailer Strikes And Totals Car After Violating Right Of Way

A 67-year-old and former 22-year veteran John Doe was returning home from work as a railroad conductor at 9:40pm traveling southbound on a major U.S. Highway in Florida in his Honda. He was seat belted and traveling the posted speed limit. As John Doe was passing a rest stop, the driver from the trucking company was attempting to exit the truck stop in his tractor trailer. He negligently attempted to make a left turn onto the highway violating John Doe’s right of way. He was attempting to get on the roadway and turn so he could then travel northbound.

John Doe tried evasive maneuvers to avoid the collision but was unable to do so and the front part of his vehicle violently collided with the tractor trailer. His car was totaled. John Doe came to rest in the center turn area after a counter clockwise rotation; while the tractor trailer continued his turn and ended up just north of the accident in the northbound lane. Fortunately both drivers were insured and John Doe’s airbag did deploy.

The collision was so violent that John Doe’s hearing aids flew from his ears. As a result of the crash, John Doe suffered a compound fracture of the left tibia and fibula with continuous complications of a serious infection at that wound site. He also experienced left leg pain, abdominal bruising and scaring, right wrist pain, seat belt bruising across his midsection, left hand pain and scaring, left arm pain and lacerations with stitches and right groin pain.

After a prolonged extrication from his vehicle, John Doe was transported to a local hospital where he stayed for nine days and was then admitted to a rehabilitation center for an additional month of treatment. He left using a walker and wheel chair to get around. About 10 days after his release he was sent to another hospital diagnosed with pneumonia and iron-deficiency anemia and while in their care contracted Methicillin Resistant Staphylococcus Aureus (MRSA), a staph infection, in his left leg wound. He has been in and out of medical treatment facilities for months, and care will be ongoing.

John Doe will continue to experience acute to intermittent pain and discomfort and most likely will need additional surgeries. He walks with a cane or assistance and he is limited in his movement and activities. His current employer medically disqualified from him returning to his current job as he can no longer perform the necessary job requirements (lifting, bending, pushing, pulling, assisting and even standing for prolonged periods of time). John Doe continues to look for work with a company that will be understanding of his unique work circumstances but remains unemployed at this time.

His capacity as a wage earner and for the enjoyment of life has diminished significantly. He has accumulated extensive medical bills and will continue to incur these expenses for future treatment and aid for the remainder of his life.

Attorney Jason J. Guari successfully settled the case for John Doe for a confidential amount to help with incurred medical and future medical and expenses and needs.

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