Crosley Law Wins Fight Against Insurance Company Claiming A Preexisting Condition

Crosley Proves Negligence
in Distracted Driving Case

On a late September evening in 2015, Karen C. was minding her own business as she drove down a two-lane highway in San Antonio. As she cleared a hill, she slammed into a car that was stalled across both lanes. The collision was unavoidable, and it changed her life.

Encounter With a Negligent Driver

In the brief moment she had to realize what was happening, Karen saw the stalled vehicle and noticed it had no lights on—not even hazards. She hit the car on the driver’s side, after which her car spun and hit the concrete median. That’s all she remembers.

The accident report revealed more about the crash and its cause.

The driver of the other car was distracted by his phone at the time of the collision. He reached for it and dropped it between the console and the seat, taking his eyes off the road. When he realized he was swerving, he overcorrected and hit the concrete roadside barrier. Then his vehicle stalled in the middle of the road.

The other driver also had an invalid and suspended driver’s license with a reckless history that included driving under the influence of alcohol. Cell phone records indicate that there were text messages sent and received in the moments leading up to the accident.

He also admitted that he wasn’t wearing a seatbelt; however, when he saw Karen’s car approaching, he quickly fastened his seatbelt for the impact.

Beyond the Collision

As a result of the car wreck, Karen sustained several injuries. Karen’s physical injuries included a concussion, a pulmonary contusion causing difficulty breathing, a compression fracture in her back with lower abdominal pain, and other arm, knee, and foot pain. More than a year later, she still struggled with physical pain resulting from her crash injuries.

Outwardly invisible, Karen’s emotional injuries also significantly disrupted her daily life both at home and work. She experienced symptoms such as anxiety, loss of concentration, stress, and memory deficits.

On top of these negative changes in her physical and emotional life, Karen also experienced financial strain from the crash. With mounting medical bills, lost wages, and damage to her car totaling tens of thousands of dollars. Karen needed help to recover these expenses—especially after the insurance company of the other driver denied Karen’s claim, citing she was at fault for the accident.

“That’s where we stepped in,” explained Attorney Tom Crosley.

Crosley Law Firm: On Karen’s Side

Building on years of experience handling car wreck cases, Crosley Law Firm helped Karen receive the maximum settlement from the insurance company that had previously denied her claim.

“Fortunately, we have a team of lawyers and paralegals who are great at investigating and proving negligence in car crash cases,” Tom added. Through exhaustive investigations and a thorough review of the facts, the team at Crosley Law Firm presented Karen’s case, proving that the other driver was responsible for the collision and negligent in his driving behavior.

“At the end of Karen’s case, the insurance company conceded that the wreck was not Karen’s fault,” said Tom. “They paid her claim in full.”

Even though Karen has been able to recover financially from the car accident, her physical and emotional injuries persist as a constant reminder of what happened and how dangerous distracted driving is for everyone on the road.

clf-negligence-distracted-driving-case

Distracted Driving: Dangerous for Everyone

“Distracted driving joins speeding and alcohol as top factors in car wrecks that cause serious injuries or fatalities,” explained Tom. Among driving distractions, texting tops the list as one of the worst. Texting while driving creates slower reaction times, reduced vehicle control, and higher accident rates.

Composing a text message requires visual, cognitive, and manual dexterity skills. Safe driving requires the same skills, and these functions simply cannot be used in two places at once. In fact, one study of expert long-haul truck drivers revealed that when driver’s texted, they were 23 times more likely to be involved in a crash.

“It is impossible to send a text message while keeping your full attention on driving,” explained Crosley. “Focusing on driving needs to be the number one priority of anyone behind the wheel.”

Crosley Law Firm: Safe Driving Advocates

At Crosley Law Firm, we know that distracted driving is a problem in our community, and we fiercely advocate for safer driving laws and holding those who drive distracted accountable for their negligent actions. If you or someone you love has been injured in a car accident, especially if it was the result of someone else’s distracted driving, you may be entitled to financial compensation for damages and your pain and suffering. Please contact Crosley Law Firm at 210-LAW-3000 or fill out our online contact form to schedule a free consultation with us today.

Reference:

Richtel, M. (2009, July 27). In study, texting lifts crash risk by large margin. The New York Times. Retrieved from http://www.nytimes.com/2009/07/28/technology/28texting.html behind the wheel.”

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