Crosley Law Wins Fight Against Insurance Company Claiming A Preexisting Condition

Attorney Tom Crosley Achieves Major Settlement in Auto Liability Case

Hazardous Driving Leads to Accident

On the afternoon of December 7, 2012, Chelsea G., a 22-year-old college student, suffered significant injuries after her car struck another motorist while passing through an intersection. Ms. C., a homemaker on her way to pick her daughter up from school, failed to observe a red light, and her vehicle was struck by Chelsea’s at a perpendicular angle. Both drivers required medical attention for their injuries.

An eyewitness who was positioned directly opposite Ms. C.’s vehicle (and whose own vehicle was struck by Ms. C.’s) told police that his light was red, which necessarily implies that Ms. C. also would have had a red light. Based on this information, the officer on the scene concluded that Ms. C. had indeed run a red light, thus causing the wreck. However, contrary to this common-sense explanation of the events that unfolded, Ms. C. insisted that her light was green and that it was Chelsea who had run the red light.

Expert Testimony Successfully Refuted

The case eventually went to court, with Geico representatives defending Ms. C.’s claim and Tom Crosley representing the plaintiff, Chelsea. In attempting to defend Ms. C., defense counsel called two expert witnesses, the first of whom was a traffic engineer for the City of San Antonio. Under defense questioning, he stated that it was possible that Ms. C. did have a green light with a protected left arrow, which would have presented Chelsea and the eyewitness with a red light.

However, upon further questioning by Mr. Crosley and light sequencing data that Mr. Crosley had subpoenaed, which supported the plaintiff’s version of events, the traffic engineer testified that this scenario was extremely unlikely, as there would only have been a 2 to 3 second window in every 90-second interval during which the defendant’s version of events could have been true. Said Mr. Crosley, “We were able to prove that it was close to impossible that the other driver had a green light like she claimed.”

“We were able to prove that it was close to impossible that the other driver had a green light like she claimed.”

Preexisting Condition

Chelsea has a complex medical condition completely unrelated to her wreck, and the defense attempted to blame her medical problems on this condition rather than the car accident caused by Ms. C. Her injuries were significant and affected her right arm, lower back, and neck; she also sustained burns and contusions on her forearms caused by the deployment of her airbag. In total, Chelsea incurred over $26,000 in medical expenses, and an anticipated additional $12,500 in future medical treatment.

The defense’s medical expert, a neurosurgeon practicing in El Paso, first stated that Chelsea wasn’t hurt at all and that if she was, it was due to her preexisting medical condition and that future medical care wasn’t necessary. However, by researching Chelsea’s condition and cross-referencing her symptoms with her injuries, Mr. Crosley was able to prove that her injuries could only have been caused by the accident and that she would in fact need further medical treatment.

Furthermore, during this medical expert’s deposition, again conducted by Mr. Crosley, it was revealed that the defense’s medical expert had been sanctioned and suspended by the American Academy of Neurological Surgeons for giving false testimony under oath, which decimated his credibility and immediately disarmed him. “He gave us excellent testimony. He ended up admitting that Chelsea’s medical care was necessary… that she had real and legitimate injuries, and that she would require continued care in the future, which was the same thing that her doctors were already saying,” said Mr. Crosley.

Settlement Awarded

Following the testimony of the defense’s medical expert, a settlement was reached in July of 2015. “I am very satisfied about what Tom Crosley and his firm has done for my case,” she said. “I couldn’t be happier. I would definitely refer my friends, family, and anyone I know to the Crosley Law Firm.”

How the Crosley Law Firm can Help You

If you or someone you know has suffered injuries or property damage in a car accident or other personal injury situation, Crosley Law Firm has the resources and experience to fight for the recovery you deserve. We offer free consultations, and our “No Fee” policy ensures that you do not pay a dime in fees or expenses unless or until we are able to settle your case or achieve a trial victory. Please contact us at (877) 535-4529 or visit our website to learn more about the Crosley Approach.

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