Tractor-Trailer Collision Results in $3.25 Million Settlement

A tractor-trailer collision lawsuit was settled for $3.25 million.

A tractor-trailer crash occurred when a commercial driver lost control of his 18-wheeler while traveling south on Interstate 81. After losing control of his vehicle, he crossed the grassy median, entered the northbound travel lanes, and nearly hit the plaintiff’s vehicle head-on. The driver who caused the crash died on the scene.

The plaintiff sustained serious physical injuries, including multiple nose fractures, a facial degloving injury, a traumatic brain injury that resulted in post-concussive migraines, bilateral tinnitus, and a visual abnormality in his left eye.

The plaintiff’s brain injury experts assessed his head damage as mild to moderate, with long-term cognitive deficits and other brain injury complications. Those same experts agreed that the plaintiff, who was also a commercial driver, would be unable to resume commercial driving or any other type of competitive work.

Defense experts challenged the plaintiff’s traumatic brain injury diagnosis. They claimed that because he did not lose consciousness following the incident and had a relatively normal Glascow Coma Score, his injury did not meet the diagnostic criteria for a traumatic brain injury. Defense experts also cited the plaintiff’s DME neurophysical testing results, which showed no cognitive deficits. Defense experts also stated that the plaintiff had completely recovered from his crash-related injuries and was fully capable of returning to work as a commercial driver without restriction.

The plaintiff’s previous medical expenses totaled nearly $200,000, with an estimated $786,000 in future medical expenses. which were fiercely contested.

During mediation, the parties agreed on a settlement of $3.25 million.

Source: https://valawyersweekly.com/2024/03/11/truck-driver-unable-to-return-to-work-after-crash-3-25m-settlement/