Michael, a middle-aged man with three young grandchildren, was driving east on SH 46 in Bulverde, Texas. There was an intersection up ahead, and Michael stopped for traffic.
Behind him, a distracted driver of a flatbed truck owned by a local towing company approached at a dangerous rate of speed. The flatbed smashed into the back of Michael’s vehicle, pushing it forward and causing it to crash violently into the back of a heavily loaded F-450.
Miraculously, Michael survived. But his injuries were severe—facial fractures, a compression fracture of the spine, and a TBI. His quality of life was permanently disrupted.
Michael’s injuries have lasting consequences
During the impact, Michael’s head collided violently with the steering wheel, causing multiple skull fractures. He was bleeding, dazed, in excruciating pain, and feared that he might never see his family again. First responders placed him on a gurney and transported him to University Hospital in San Antonio.
Skull and facial fractures
Michael was in facial reconstruction surgery for 8 hours to repair numerous complex skull fractures. Several pieces of permanent hardware were implanted to realign and support his upper jaw and nose.
Other surgeries
In addition to his head trauma, Michael suffered from pain in his neck, back, abdomen, right elbow, and both shoulders. A few months after the crash, he underwent hernia surgery to deal with his abdominal symptoms and right elbow surgery to address a displaced fracture of his ulna.
Imaging of his spine also revealed a significant compression fracture and multiple disk herniations; Michael will need at least two additional surgeries in the future to address the resulting back and neck pain.
Brain injury
Soon after the crash, Michael began exhibiting classic signs of a post-traumatic brain injury. Symptoms included dizziness, headaches, poor balance, mood swings, and an inability to concentrate and focus. He also completely lost his sense of taste.
RELATED POST: 4 Signs and Symptoms of Traumatic Brain Injury | Crosley Law
The ongoing daily impact
Although Michael’s medical bills alone were extensive, the worst consequences of the crash are the pain and mental anguish he experienced (and continues to experience).
Before the crash, Michael was a fit, active man who enjoyed his work as a landscaper, walking nearly 12 miles per day. After the crash, he lost the ability to do most of the outdoor work he enjoyed. He also suffers from frequent anxiety attacks, nightmares that impair his sleep, and painful headaches that don’t respond to over-the-counter medications.
Revealing the truck driver’s shocking recklessness
Fortunately for Michael’s case, a Comal County Sheriff deputy happened to be traveling on SH-46 in the opposite direction at the exact time of the crash. Everything was clearly recorded on the deputy’s dash cam—the excessive speed of the flatbed driver, the lack of any visual obstructions, and the lack of any meaningful effort to avoid the crash.
We also examined the data from the truck’s electronic control module. It showed that the truck was still accelerating within one second of the crash, and his brakes were not applied until 0.3 seconds before impact. The flatbed was traveling at more than 30 miles per hour when it hit Michael’s car.
But the most devastating piece of evidence was the footage from the flatbed’s dashboard camera.
When Picking Your Nose Costs Millions
It would be funny if the circumstances weren’t so tragic.
Thanks to the dashboard camera, our attorneys obtained a full recording of the driver’s actions leading up to the crash. Here’s what was going on in the cabin during the final six seconds before impact:
- The driver is sitting with his phone balanced on his right thigh.
- His right arm is at his side.
- His left hand is picking his nose. Neither hand is on the wheel.
- After he’s finished picking his nose, he looks down to examine his findings. His eyes are clearly not on the road.
- The driver finally notices Michael’s stopped vehicle a split second before impact—far too late to do anything about it.
A memorable video is one of the most powerful tools in a personal injury attorney’s toolkit. We knew right away that, if this case went to trial, this was exactly the kind of footage that could permanently turn a jury against the defendant. The insurance company knew it, too.
RELATED POST: Who Is Liable in a Commercial Truck Accident? | Crosley Law
Crosley Law obtains more than full policy limits settlements for Michael
One of the biggest challenges in a case like Michael’s is convincing the insurance company (or jury) to award reasonable non-economic damages.
After everything he’d been through, Michael’s total economic damages—consisting of past and future medical bills and lost wages—were “only” around $600,000. While that amount might cover his out-of-pocket losses, it would do nothing to compensate him for the significant pain, emotional trauma, and suffering he continues to experience.
Insurance companies use a variety of different methods to calculate non-economic damages. But because there are no hard and fast rules, there is a lot of subjectivity. Often, insurance companies base their decisions on what they think a jury is likely to award—and that can depend greatly on the skill and trial experience of the injured person’s attorney.
In this case, the total insurance coverage available to compensate Michael was $3 million from two separate policies. In our opinion, he deserved every penny of it, and more.
In an unusual twist, Crosley Law was able to recover even more than the available insurance coverage in this case. This is because we also identified a vehicle defect that contributed to Michael’s injuries. Rather than litigate that claim, the vehicle manufacturer also contributed to the settlement.
In our demand letter laying out the facts of the case, we reminded the insurance company of our impressive track record of multi-million dollar wins for brain injury victims. We also noted that supporting evidence for the severity of Michael’s brain injury was particularly strong. And, of course, that no jury would have much sympathy for a distracted, nose-picking truck driver with no hands on the wheel.
Ultimately, the defense agreed to pay out the amounts we requested. Most large cases like this one at least go through formal mediation, if not a trial. But we were able to deliver the best possible result without requiring either. The case we built—and our reputation—was that strong.
Car crash? Call Crosley
Over the years, our team has won $1 million or greater in more than 50 cases. Our skill, experience, and reputation allow us to take on complex, difficult, and high-value cases and get great results for our clients.
If you’ve been in a serious car crash, Crosley Law can help. To request your free consultation, call (210) 796-4083 or fill out a contact form today.
