Samuel, an older man with big plans and several big life events on the horizon, was turning left onto Highway 46 in Bulverde, TX. He had a green light and proceeded into the intersection.
At the same time, an eastbound pickup truck pulling a trailer approached from the left. The truck driver failed to stop, blew through the red light, and smashed into Samuel’s vehicle at a high rate of speed. The impact was so forceful that Samuel’s car was knocked into a third vehicle, pushed across the highway, and burst into flames soon after coming to a stop.
Thankfully, others at the scene acted quickly, pulling Samuel out of his wrecked vehicle and saving his life. However, it soon became clear that Samuel’s injuries would have permanent consequences for him and his loved ones.
Samuel’s injuries alter the course of his life
Samuel was immediately taken to the hospital by ambulance. He was disoriented, confused, and had no memory of the crash.
The trauma team at the emergency department diagnosed him with:
- Seven broken ribs
- Partially collapsed lung
- Collection of blood between the lung and the chest wall (hemothorax)
- Concussion
- Multiple severe bruises
Unfortunately, many of Samuel’s symptoms worsened or failed to improve in the months following the crash.
Traumatic brain injury
Samuel continued to suffer residual effects from his concussion, including migraines, dizziness, and balance issues. Even more concerning were the cognitive issues. Samuel struggled with finding words, and his short-term memory became very unreliable. This made it challenging for him to communicate and complete daily tasks.
Samuel continues to see a neurologist and undergo cognitive therapy. He will likely deal with symptoms relating to his head injury for the rest of his life.
Chest pain, shortness of breath, and lung issues
During initial testing, the trauma team discovered that a small section of Samuel’s lung had collapsed, and a small amount of fluid had pooled between his left lung and chest wall. However, they took a “wait and see” approach, hoping that these problems would get better without direct intervention.
Unfortunately, that’s not how it played out. Over the following weeks, Samuel experienced progressively worsening chest pain and shortness of breath. He was hospitalized and ultimately required two separate surgeries to drain fluid from his lungs.
Back and neck pain
A follow-up visit with a cervical spine specialist revealed that Samuel had also herniated two spinal disks—one in his neck and one in his upper back. While physical therapy and injections have helped him manage his pain, the effects are only temporary. He will likely require multiple injections every year for the rest of his life.
Pain and suffering
Samuel’s life has been forever altered by the injuries he suffered.
Before the crash, Samuel had many happy events to look forward to. He was engaged, and he and his fiancée were eagerly anticipating an upcoming vacation with Samuel’s daughter and her family. The crash put those plans on hold, depriving Samuel and his loved ones of spending quality time together and creating many happy memories.
Crosley Law helps Samuel get fair compensation thanks to multiple insurance policies.
The at-fault driver in this case had few assets and only carried the legal minimum of liability insurance coverage—nowhere near enough to compensate Samuel fairly for the medical bills and the pain and suffering he experienced.
This is a distressingly common scenario in Texas (and most of the United States). Texas law only requires drivers to purchase $30,000 per person and $60,000 per incident in liability coverage. Almost any crash victim who suffers a serious injury will easily rack up far more than the minimum coverage amount in medical costs alone.
Fortunately, Samuel was carrying a substantial amount of underinsured motorist (UIM) coverage under his own auto insurance policy. This type of coverage requires a driver’s own insurer to cover damages above and beyond the limits of the at-fault driver’s liability insurance.
UIM coverage isn’t mandatory in Texas, but we strongly urge all drivers to purchase as much UIM coverage as they can reasonably afford, for situations exactly like this one. It’s usually a relatively cheap addition to an auto insurance policy and provides crucial protection and peace of mind.
Given all the evidence available in Samuel’s case, we believed he deserved a large payout from his policy. Samuel did nothing wrong and had his life altered forever due entirely to someone else’s carelessness.
Unfortunately, Samuel’s UIM carrier initially made a low $30,000 offer despite the severity of his injuries. Crosley Law pursued a lawsuit against the UIM carrier, and rather than spending more time and money fighting the case, they eventually offered $470,000 to settle—more than 15 times the initial offer. When combined with the maximum $30,000 from the at-fault driver’s liability coverage and another $10,000 in personal injury protection (PIP) from Samuel’s policy, this brought his total recovery up to $510,000.
RELATED POST: What’s an Underinsured Motorist, and How Can I Protect Myself? | Crosley Law
Car Crash? Call Crosley
Crosley Law works hard to get our clients the most money possible, while also helping them get the medical treatment they need and the peace of mind they deserve. If you or someone you love has been hurt in a collision, call 210-529-3000 to request your free consultation with Crosley Law today.
