Crosley Law Wins Fight Against Insurance Company Claiming A Preexisting Condition

After a Negligent Delivery Driver Hits a Pedestrian, Crosley Law Holds the Company Responsible

A Speeding Delivery Driver Hits a Pedestrian in Texas

On a rainy evening, Zack was walking from his job at a local grocery store to his parents’ home for dinner. As he walked down a residential street along the curb line, a delivery driver struck him from behind. The collision was so forceful that Zack cracked the vehicle’s windshield before being slammed to the ground. Zack was knocked unconscious for about five minutes, had scalp, face, arm and back lacerations, and both of his legs were broken.

The police were called but did not issue a ticket to the delivery driver because it was just an “accident.” Zack, who has autism spectrum disorder, was rushed to a nearby hospital for medical care.

Negligent Delivery Driver Hits a Pedestrian

Zack Suffers a Traumatic Brain Injury, Severe Leg Fracture, and Other Injuries

Doctors immediately began assessing the severity of Zack’s injuries. CT and MRI scans showed evidence of a traumatic brain injury (TBI), an elbow injury, and broken legs. Both bones in his lower right leg (the tibia and fibula) were shattered into multiple pieces, and he had another fracture in his lower left leg.

He was quickly taken into surgery to repair his serious fractures and stitch up his arm and scalp lacerations. Doctors inserted hardware into Zack’s right leg to help the bones heal properly. He was then sent to the intensive care unit for his brain trauma.

Unfortunately, Zack’s recovery was complicated. After the hospital discharged him, he spent 20 days at an inpatient rehabilitation hospital. When he moved back home, he required months of home health assistance with bathing, toileting, and other self-care activities.

His physical therapy and TBI rehabilitation involved months of intensive treatment. However, his leg pain and weakness did not improve. New diagnostic studies showed that his right tibia had failed to heal properly, causing a “nonunion.” Roughly six months after the crash, doctors performed a repeat leg surgery and inserted additional hardware.

According to medical experts, Zack will never be the same. He will require a lifetime of medical monitoring and care due to his ongoing problems with brain trauma and leg damage.

Crosley Law Discovers Widespread Negligence

Soon after the collision, our client’s family contacted Crosley Law. We immediately began investigating the circumstances surrounding the crash. Our lawyers discovered a concerning pattern of negligence.

  • The driver was speeding and might have been under the influence at the time of the collision.
  • The company offered its drivers minimal training about safe driving strategies and did not enforce its own safety policies.
  • The company ignored the negligent driver’s history of speeding and did not try to correct the behavior.

The company initially disputed the delivery driver’s liability, but as Tom Crosley continued to take depositions of company witnesses it became obvious that the company was on the losing side of this case.

The company then shifted its defense tactics and argued that Zack was to blame. They claimed he should not have been walking in the road at night or should have worn a reflective vest. The company also argued that many of Zack’s mental issues were not related to brain damage from the crash, but instead were due to his autism.

Aggressive Legal Strategies Lead to a Confidential Settlement

Crosley Law did not back down. Instead, we built an even stronger case. The team reviewed thousands of pages of documents. Tom Crosley crossed the country, taking 23 depositions, including those of corporate executives, the negligent driver, crash reconstruction experts, doctors, and other medical professionals.

Then Crosley Law hired a nationally-recognized trial consultant who conducted focus groups to test the strengths and weaknesses of the case. Tom Crosley and his team used this information to fine-tune their arguments and prepare the best possible case for Zack. It also gave Crosley Law the confidence to hold out for the maximum available settlement amount.

Finally, at mediation a few months before trial, Tom Crosley gave a one-hour presentation outlining the entire case and the potential for a very large jury verdict against the defendants. Based on this, the company and its insurers agreed to pay a $9,000,000 settlement. (After fees, expenses, medical reimbursements, the client’s net recovery was approximately $5,200,000).

Remarkably, all this work was done in just 18 months.

RELATED BLOG: Who Is Responsible for a Pizza Delivery Driver’s Car Accident?

While Zack and his parents appreciated Crosley Law’s positive results, they also valued our personalized approach to personal injury law. They carefully researched San Antonio law firms before deciding on Crosley Law and were impressed by the team’s dedication and compassion.

“He made me feel like a human being, not just another case,” Zack explained.

Crosley Law: Tireless Advocates for San Antonio Accident Victims

Crosley Law has built a reputation for its sophisticated and aggressive advocacy. We represent people who have suffered catastrophic Texas personal injuries and families who have lost their loved ones because of another person’s careless actions. If you want to learn more about our cutting-edge strategies and your legal options after being hurt, request a free consultation. You can call us at 210-LAW-3000 | 210-529-3000 or complete our online form.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

crosley law firm

Injured? Do you or a family member need legal advice?

Set up a FREE consultation today.