Jeff, a middle-aged man, was stopped at a red light along a busy stretch of Westheimer Road, just southwest of downtown Houston. Behind him, another driver was approaching, failed to stop in time, and rear-ended his Camry at about 15 miles per hour.
Accidents like this one happen every day in Texas—so often that they almost seem typical. But for those who are injured, their lives following the crash can be anything but. For years afterward, Jeff underwent several treatments but still struggled with ongoing pain that affected his daily life.
This should have been a relatively simple case for Jeff. The other driver was clearly at fault. His injuries were well documented. But the insurance company refused to budge. Their best settlement offer was not only inadequate. At less than $900, it was insulting.
Jeff’s attorneys decided to bring the case to trial. Their law firm has a close relationship with Crosley Law and reached out to us to partner with them for the trial. We were glad to assist and, by working together, our car wreck lawyers were able to get Jeff and his family a great result.
Jeff suffers from long-term, life-changing back pain
Jeff knew something was wrong with his lower back immediately after the crash. He tried to manage his symptoms at home over the next few days. But when that didn’t help, he sought further medical attention.
His doctor recommended a series of conservative treatments including therapeutic stretches and exercise, hot and cold therapy, and electrical stimulation. But when that didn’t help, he sought a second opinion.
An MRI revealed that Jeff had suffered damage to several spinal disks in his middle and lower back. This further resulted in several pinched spinal nerves (radiculopathy).
At this point, Jeff was in severe distress. His pain was ongoing and frequently severe (7 to 9 out of 10) when not being partially controlled by medication. He was also dealing with muscle spasms, dizziness, and tingling that radiated into his arms and legs. The pain limited his range of motion, making it difficult to work out or accomplish daily tasks. It was also making it difficult for him to sleep.
Unfortunately, for the next several years Jeff’s symptoms persisted, with treatments providing only temporary relief at best. His medical team is now recommending back surgery to address many of his symptoms. While this solution will hopefully provide substantial relief, it is likely that Jeff will continue to need medical care to manage his symptoms for the rest of his life.
The other driver tries to evade full responsibility
In rear-end crashes like Jeff’s, the driver of the trailing car is almost always legally responsible. Clearly, Jeff wasn’t at fault—he was stopped at a red light. There was literally nothing else he could have done.
The other driver, however, hesitated to accept full responsibility. In her telling of the story, she saw the traffic stopped ahead and “appropriately” applied her brakes. But because the roadway was wet, she still slid into the back of Jeff’s car.
During her deposition testimony, she refused to state definitively that wet conditions caused the accident (“I don’t know if that’s what caused it”). But she did say that they added to it. She also used another familiar excuse—”accidents happen.”
Of course, “accidents” don’t just happen. They are almost always the result of a preventable mistake. Wet pavement doesn’t excuse failure to keep your eyes on the road, maintain a safe distance, and adjust speed to road conditions. Jeff had stopped safely despite the wet road. So had all the cars in front of him. Why hadn’t she?
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The insurance company denies responsibility for Jeff’s injuries
Even when an insurance company knows that a court will probably hold its driver at fault for a crash, they have another trick up their sleeve: deny the root cause of the injuries.
In this case, the insurance company hired a biomedical engineering consultant to review the crash. In his opinion, the collision wasn’t violent enough to cause the disk herniations that Jeff suffered. So, even though Jeff had a mountain of medical evidence proving he was badly hurt, the insurance company chalked it up to “normal” age-related wear and tear.
This, in our opinion, was ludicrous.
First, the insurance company’s argument relied on the testimony of a biomedical engineering consultant and not a licensed medical doctor.
However, our mechanical engineer determined that the other driver’s car was traveling between 14 and 18 miles per hour when she hit Jeff’s Camry. He also clearly explained the forces involved in that kind of collision. In his opinion, Jeff’s injuries were consistent with the forces involved in the crash. And just as importantly, Jeff’s doctors fully agreed.
Second, at the time of the crash Jeff was active, in his late 40s, with no pain or history of back problems. Then, immediately after the crash, he experienced severe and persistent pain that didn’t respond to multiple treatments. Is this what “normal age-related degeneration” is supposed to look like?
Crosley Law helps Jeff get justice
Despite a mountain of evidence that looked very bad for their client, the insurance company still wouldn’t budge from their ridiculous $844 settlement offer. Essentially, they dared Jeff’s legal team to take them to court.
So, we did.
After a 3-day trial, the jury returned its verdict. Jeff was awarded $115,000 for his damages and pre-judgment interest—more than 130 times what the insurance company had offered him to settle.
One of Jeff’s family members left us and our partner firm a glowing review after the case wrapped:
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Sadly, it’s very common for big insurance companies to push injury victims like Jeff around, even when it seems like the facts aren’t on the insurance company’s side.
This kind of behavior is common even in relatively small cases. $100,000 is chump change for a big auto insurer. But they’re betting that the victim will decide the time and energy of a trial isn’t worth it or that they won’t be able to find a good attorney willing to try the case.
Fortunately, Jeff wasn’t willing to take a bad deal and he had a great legal team to help him fight for what’s right.
If you or someone you love has been hurt in a crash and the insurance company isn’t being fair, give Crosley Law a call today at (210) 529-3000 to request your free consultation.
