Crosley Law Wins Fight Against Insurance Company Claiming A Preexisting Condition
Crosley Law Helps Border Patrol Agents Injured by a Reckless Driver
A Reckless Left Turn Changes Two Friends’ Lives
On a rainy spring night, Erick and Jason were driving a U.S. Border Patrol Jeep. Suddenly, a pickup truck turned left into the intersection, cutting them off. Erick, who was driving the Jeep, was unable to stop his vehicle in time. They t-boned the pickup’s passenger side, spinning both vehicles around.
While law enforcement cited the other driver for failing to yield the right-of-way, the driver insisted that Erick was speeding at the time of the crash. At one point, the pickup driver estimated that Erick was driving 60 to 65 miles per hour instead of the posted 30 miles per hour. Erick strongly denied these allegations.
The Collision Causes Serious Back Injuries
Unfortunately, both Erick and Jason suffered significant back injuries during the collision. Shortly after the crash, Jason began experiencing neck, back, and shoulder pain. He also suffered headaches, ringing in his ears, and problems with concentration. MRI studies showed a disc bulge in Jason’s neck and two disc herniations in his lumbar spine (also referred to as the low back).
Jason underwent a series of injections to try and get some relief, but his severe back pain did not improve. His doctors then performed a spinal surgery that removed part of his vertebra and the herniated disc, but this was also unsuccessful. Two doctors recommended that he undergo yet another spinal surgery that would fuse part of his back together.
The unrelenting pain impacted Jason’s ability to work and perform his daily activities. Before the crash, he loved sports, riding his motorcycle, and playing with his children. His back injuries limited his ability to do all of these activities. It also negatively impacted his relationship with his wife, Lizette.
After the crash, Erick experienced severe neck, back, and knee pain. Eventually, his doctors ordered MRI studies that showed disc herniations in his neck and low back. They also revealed a slipped vertebra (called a spondylolisthesis) in his low back and disc bulges in his neck.
Due to severe back pain, Erick received a series of spine injections and radiofrequency ablations (a procedure where nerves in the low back are heated and burnt, limiting their ability to send pain messages). Unfortunately, this did not result in lasting pain relief.
Erick also found himself unable to work. He struggled with household chores and could no longer enjoy his previous hobbies of weight lifting, running, basketball, and CrossFit.
Crosley Law Catches the Negligent Driver’s Lies
Most lawsuits involve a process called “discovery,” where both sides exchange information through documents and depositions (testimony that is recorded while the witness is under oath). While investigating Erick and Jason’s claims, Crosley Law obtained a copy of the other driver’s employment application because the driver was acting in the course of his employment during the wreck. In the application, the driver denied any criminal history, pending criminal charges, or being on probation.
But when the Crosley Law Attorney ran a criminal background check on the driver, he discovered a very different story. Over the years, the driver had numerous run-ins with the law, including convictions for evading arrest and reckless driving. The State of Texas revoked his Class “C” commercial driver’s license (CDL) due to two refused breathalyzer tests. Those also led to DWI arrests and criminal charges. In fact, at the time of the incident, the driver was still on probation from his last criminal offense! In a deposition, the driver admitted that he did not disclose his criminal history.
Experts Prove the Negligent Driver Was At-Fault
The negligent driver’s damaged credibility wasn’t the only problem with his case. Because he argued that Erick was speeding, Crosley Law hired an engineer to perform an accident reconstruction. This expert reviewed crash data, pictures, medical reports, and other important information to recreate the conditions of the crash.
Based on this thorough review, the expert determined that Erick was driving 30 to 32 miles per hour before the crash. The expert indicated that the pickup truck’s failure to yield was the sole cause of the accident.
Crosley Law Negotiates Large Settlements for Erick and Jason
During the claim, the insurance companies agreed to mediation, a method of dispute resolution. During a mediation, both sides present their cases to a neutral, trained mediator. The mediator then looks for areas of common ground and agreement. The goal is to resolve the claim without a trial.
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During the mediation, attorney Tom Crosley delivered an in-depth presentation that documented the negligent driver’s credibility problems, the technical data proving Erick’s speed, and the pickup driver’s failure to yield. Roughly one week after mediation, the negligent driver’s insurance companies agreed to settle all of the claims for a total of $5 million. Erick, Jason, and Lizette received $2,947,962.35 after attorney’s fees and costs were deducted.
Crosley Law: Fighting for Accident Victims in San Antonio and Throughout Texas
At Crosley Law, we pride ourselves on our attention to detail. We work with respected experts and perform thorough investigations of our clients’ claims. If you’d like to learn more about our unique, client-focused approach to car wreck lawsuits, contact us online or at 210-LAW-3000 | 210-529-3000. Initial consultations are always free and confidential.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.