Crosley Law Wins Fight Against Insurance Company Claiming A Preexisting Condition
Settlement for Motorcyclist Injured by Negligent Driver
On December 7, 2012, Ronald Hodge, a 53-year-old auto mechanic, was test-driving a motorcycle in the right lane of Interstate 35 in San Antonio. Suddenly, a truck traveling in front of him made an abrupt, ill-advised right turn from the left-hand lane. Hodge was unable to react to the dangerous turn in time, and his motorcycle collided with the right side of the vehicle – a Ford F-150 driven by an employee of a company in the course of his employment with that company – sustaining multiple injuries in the process.
Initially, Mr. Hodge enlisted the services of a local personal injury law firm, however, after 10 months, they had yet to file a lawsuit. At this point, he decided to sever ties with that firm and enlist the help of Crosley Law Firm instead. Within 24 hours, Crosley Law Firm had filed suit against both the driver and the company for making a “sudden, unsafe, and illegal right turn from the left lane.” The suit also alleged that the truck driver failed to use his turn signal or properly assess his sight lines before making the turn.
The defense team denied negligence and refused to accept any responsibility for the incident, despite multiple witnesses at the scene stating otherwise.
Making the Case
The defense team denied negligence and refused to accept any responsibility for the incident, despite multiple witnesses at the scene stating otherwise. Instead, they argued that Hodge, who was test-driving the motorcycle for his employer at the time of the accident, accelerated too rapidly after being stopped at a traffic signal, which resulted in his inability to avoid the collision. The defense also maintained that the employee had been traveling in the right-hand lane and had used his turn signal before making the turn. The truck driver’s defense attorney further claimed that he had heard the revving of a motorcycle before impact and believed that Mr. Hodge had been attempting to pass him on the right when the impact occurred.
While the employee insisted that he had made a legal, safe right-hand turn from the right-hand lane, Hodge, along with two independent eyewitnesses, stated that the truck driver was in the left lane when he made his illegal right-hand turn, which resulted in the accident. Crosley Law Firm hired an accident reconstruction expert who determined that the physical evidence of the damaged vehicles, as well as other evidence at the scene, supported Mr. Hodge’s and the witnesses’ version of the accident. The reconstruction expert also determined that Hodge was traveling at speeds below the speed limit at the time of the accident and that, despite his cautious driving, he had insufficient time and distance to avoid the collision as a result of the truck driver’s illegal maneuver.
Crosley Law Firm hired an accident reconstruction expert who determined that the physical evidence of the damaged vehicles, as well as other evidence at the scene, supported Mr. Hodge’s and the witnesses’ version of the accident.
What was at Stake
Mr. Hodge sustained severe injuries as a result of the accident, which required a series of invasive surgeries and caused him to accumulate significant medical bills. For example, the violent collision resulted in Mr. Hodge tearing his rotator cuff and his meniscus ligament in his right knee, and he suffered a broken hip, foot, ankle, and wrist. He also experienced a knee contusion, sustained various strains and sprains, and was hampered by consistent back soreness and headaches. He required hip replacement surgery, arthroscopic surgery to his ankle and his knee, fracture and ligament surgeries, and surgical repair of his torn meniscus and rotator cuff.
The Crosley Law Firm team retained the services of a medical expert who reviewed Mr. Hodge’s medical records, diagnostic imaging, and total health costs related to the accident and determined that Mr. Hodge’s medical expenses were in excess of $110,000 and that his future medical bills as a result of the accident would surpass $280,000. Crosley Law Firm also hired a company to illustrate and document the surgeries that Mr. Hodge required as a result of the crash, which contributed to the findings of our medical expert and influenced the outcome of the lawsuit.
Additionally, an expert economist calculated that Mr. Hodge’s past lost wages and benefits amounted to more than $100,000 and that his future lost wages and benefits could be as much as $365,000.
Shortly before trial, Crosley Law Firm entered into mediation in an attempt to settle the case. At mediation, we presented opposing testimony from the driver at fault and from Mr. Hodge. Additionally, we presented numerous slides provided by our accident reconstruction expert that clearly supported Hodge’s version of the events. We were also able to provide several diagrams and illustrations that stressed the significance of Mr. Hodge’s injuries and that explained and emphasized the need for substantial medical care in the future as a result of the crash.
Although attempts at settlement through mediation were impeded by defense counsel, we were able to settle several weeks later, resulting in Mr. Hodge being fully compensated for the injuries he sustained. We were able to negotiate a $1.3 million settlement, which will cover all past and future medical expenses.
Crosley Law Firm
Crosley Law Firm provided exemplary legal counsel throughout Mr. Hodge’s ordeal and overcame adversity to achieve an outstanding financial recovery on his behalf. By enlisting the services and testimony of several industry experts, our team was able to present undeniable evidence supporting Mr. Hodge’s claim while leaving defense counsel with no option other than to settle for a fair and just financial figure. Our expertise and foresight were crucial for achieving this settlement, and our determination and resolve throughout the process eased the client’s stress and anxiety, allowing him to focus on recovering from his devastating injuries.
If you have been injured as a result of another party’s negligence, we welcome the opportunity to help you receive the justice you deserve. Our expert staff will aggressively advocate for your rights and seek out the proper industry professionals to verify and validate the true version of events that led to your injuries. We offer free consultations and a “No Fee” policy that ensures you will not pay a dime until we achieve optimal recovery in your case. Please fill out the form located on this page or call us at (877) 535-4529 to discuss your claim further in depth and learn how we can help. We look forward to hearing from you!