When “Kelly”* and “Julia”* were rear-ended in stop-and-go traffic by a commercial pickup truck towing equipment, the crash initially looked like a challenging case. Both women had documented prior injuries and complicated medical histories—facts that the defense immediately seized upon to argue the case had limited value.
Despite these hurdles, Crosley Law secured a strong settlement after extensive litigation, expert analysis, and strategic deposition work.
*Names changed to protect privacy
A crash caused by a commercial driver’s inattention
Kelly was driving while Julia rode as a passenger. A distracted commercial driver failed to maintain a safe following distance and hit the rear of their vehicle. The driver later admitted he was not paying proper attention to the traffic in front of him at the time of the collision.
This was not a minor tap. The impact caused immediate complaints of pain and visible bruising, contradicting later attempts to minimize the severity of the crash.
A case with real challenges
From the outset, this case came with significant hurdles that insurance companies often use to justify low settlement offers:
- Both clients had pre-existing injuries and prior medical treatment
- One client had a prior serious spinal history and disability status
- The other had prior lumbar issues and treatment gaps
- The defense argued the injuries were unrelated to the crash
- The defendant driver suggested the plaintiffs were exaggerating their symptoms
Additionally, defense counsel relied heavily on prior medical records to argue that any ongoing pain was simply a continuation of earlier conditions rather than new trauma from the collision.
RELATED: How do pre-existing injuries affect car accident settlements in Texas?
Proving the “eggshell plaintiff” reality
Crosley Law leaned into the legal truth many insurers try to ignore: defendants must take victims as they find them.
Even though Julia had a complicated prior spinal history and Kelly had earlier back issues, the crash aggravated their conditions and caused measurable new injuries requiring extensive treatment. Medical imaging, pain management records, and surgical consultations all supported the conclusion that the collision worsened their pre-existing conditions.
Their treating physicians documented cervical and lumbar spine injuries, ongoing radiculopathy, and the likelihood of future medical care due to crash-related aggravation.
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The legal strategy that made the difference
This case did not resolve quickly. Our team prepared it as if it would be tried to a jury. That’s why we:
- Took and defended multiple depositions, including the defendant driver
- Conducted before-and-after witness interviews
- Retained a crash reconstructionist and biomechanical expert
- Worked closely with treating physicians and life care planning experts
- Developed impeachment evidence showing inconsistencies in the driver’s testimony about speed and impact
Notably, the driver claimed he was traveling only 2–3 mph, despite earlier recorded statements suggesting a higher speed and physical evidence inconsistent with a minimal-impact collision.
This contradiction became a key liability and damages theme.
Why this settlement was particularly significant
Cases involving plaintiffs with prior injuries are often undervalued by insurers. Adjusters frequently make arguments such as:
- “They were already hurt.”
- “Their condition existed before the crash.”
- “A jury won’t award much.”
But that narrative ignores the medical and legal reality: aggravation of a preexisting condition is fully compensable under Texas law.
Here, both Kelly and Julia were functioning in their daily lives prior to the collision. After the crash, their symptoms escalated, treatment intensified, and their medical needs increased substantially. These increased needs included injections, advanced imaging, and surgical recommendations.
Despite the defense’s strategy of blaming prior injuries and minimizing the crash forces, Crosley Law secured a substantial settlement for both women. This result reflects our firm’s commitment to pursuing full value even in cases that may appear difficult on paper, especially when preexisting conditions, medical history, and jury perception present real litigation risk.
RELATED: What is an average settlement for back and neck injuries after a Texas car crash?
Pre-existing injuries don’t have to be a case-closer
Insurance companies often assume that cases involving prior injuries will settle cheaply. This case proves otherwise. With the right experts, thorough preparation, and strategic litigation, even complex medical history cases can result in strong recoveries.
At Crosley Law, we don’t shy away from difficult cases. We investigate them, prove them with evidence, and fight for the full value our clients deserve.
Car crash? Call Crosley. Contact our San Antonio personal injury lawyers at (210) LAW-3000 or fill out our contact form to request a free consultation.
