Automobile Accidents (Including Motorcycle and Boating)

Intersection Wreck-Failure to Stop at Stop Sign
A 47 year-old shift manager (Decedent) drove his pick-up truck into an intersection on US 15-501 outside of Pinehurst, NC when an SUV coming in the opposite direction on US 15-501 was T-boned by a medical transport van that failed to stop for a stop sign controlling the subordinate intersecting roadway at US 15-501. This initial impact caused the SUV to go airborne and land on top of Decedent’s pick-up truck resulting in his death.
Decedent was not married and never had children. Despite not having any dependents and upon an estate being opened with the assistance of our office, a wrongful death action was pursued under N.C.G.S. §28A-18-2 on behalf of Decedent’s parents. Our offices retained an economic expert to prove the present monetary value of the net income of decedent as delineated by statute.
An excess insurance policy was discovered in addition to the primary insurance policy that covered the medical transport van.

$600,000.00 total settlement after lawsuit and two mediations; $500,000.00 bar, $100,000.00 at-fault boater.
Boat Crash/DWI/Dramshop Action [over serving at a bar]
Decedent was operating a boat on the lake when another boater failed to yield the right of way, according to the rules of the water way, resulting in his death. The at-fault boater had a blood alcohol over two and one-half times the legal limit. The at-fault boater had been served drinks at a bar immediately before operating the boat when the bar knew or should have known that he was noticeably impaired. The at-fault driver’s insurance paid all available coverage. The bar contested liability on the grounds that the decedent contributed to his injuries by consuming enough alcohol to have a blood alcohol content just short of the legal limit and that the at-fault boater was not legally impaired. A settlement was reached after two mediations.

$500,000.00 total settlement for both husband and wife. (All available insurance coverage tendered for bodily injury and property damage.)
Rollover Car Accident - Husband and Wife (Husband-extensive scarring to both hands, back and face; fractured left hand and index finger; 3% disability rating to neck) (Wife-fractured right middle, ring and small finger; AC separation of right shoulder; 5% impairment rating to right hand; hypertrophic scarring to right foot requiring cast boot).
Husband was driving his wife when a canoe dislodged from a pick-up truck ahead of them and toward their car causing their vehicle to overturn resulting in significant injuries to both. Husband did not have health insurance. Negotiated and obtained significant reductions of original bills from many providers.

Collision Caused Client to Be Pinned Between 2 Vehicles (Comminuted fracture of right fibular/knee, crescentic right lateral tibial plateau fracture, displaced left foot fractures and multiple lacerations and contusions)
Client had stopped and parked his vehicle on the side of the road to assist in pushing a disabled vehicle out of the roadway when his vehicle was struck by an oncoming car and pushed into the disabled vehicle, pinning him between both vehicles. The oncoming at fault car had only $50,000.00 policy limits coverage associated with the car. Through extensive research and investigation, our office discovered an additional $350,000.00 in coverage through the stacking of four other $100,000.00 policies.

$350,000.00 settlement via pre-suit mediation under NCGS §58-3-33.
Car Accident - Head-on Collision (Fractured left arm/humerus, left rotator cuff laceration requiring surgery)
Client and toddler son were proceeding when an on-coming work truck's front tire blew, causing him to cross the road and strike their vehicle head-on. Client required surgery to repair the left arm/humerus fracture and rotator cuff laceration. Our law firm requested that her treating doctors estimate all expected and possible future medical and plastic surgery costs.

(Fractured leg, ankle and hip requiring surgery)
A 95-year old woman was hit by an SUV while on her daily walk. Client had surgery and hardware placed in leg. Client with her family hired our firm just a few weeks before the statute of limitations ran to file a lawsuit and preserve the claim. Our firm resolved the Medicare lien to maintain her lifetime benefits, resolved liens with medical providers and finalized settlement before dismissing the lawsuit.

$260,000.00 settlement as result of pre-suit mediation under NCGS §58-3-33.
(3 fractured ribs, multiple fractures to right elbow and arm, brain laceration and contusion, injuries to pancreas and lung, resulting in hypoxemia and traumatic hernia)
While a passenger in a pick-up truck, an oncoming work truck veered into their lane to avoid stopped traffic in his lane and hit their pick-up truck head-on. Client was transported by ambulance to the local hospital and once they were able to stabilize him, he was transported to the nearest trauma hospital by ambulance, where he was admitted to ICU for 2 days of his 10-day admission.

$180,000.00 total settlement with court approval.
Car Accident - Infant Passenger Rear-Ended on Interstate (Craniotomy subdural drainage and hemorrhaging)
Car carrying infant passenger was rear-ended while slowing on the interstate, causing subdural drainage in infant client’s brain and seizures. Infant already had a pre-existing genetic disorder that impacted the brain development, causing him to be disabled and on SSI (the government benefit for disabled persons). Obtained expert opinion from treating pediatric neurologist as to causation of injuries (subdural hemorrhaging) and defense obtained expert opinion claiming that symptoms could be anything and, because of timing, more likely related to some other incident or condition. Because of this stance, a lawsuit was filed instituting litigation and ultimately a settlement. Court hearings were conducted to approve settlement terms. Prior to approval, facilitated a special needs trust to receive and manage the settlement funds in order to preserve his lifetime SSI benefits.

$169,500.00 settlement with at-fault liability insurance carrier.
Hotel Shuttle Accident - Workers’ Compensation Injury (Torn rotator cuff resulting in surgery)
Client was in the course and scope of employment working as a hotel shuttle driver. Another vehicle changed into his lane causing his vehicle to lose control and hit the concrete barrier, which separated lanes of travel on the interstate. Client sustained injuries to his head, arm and left shoulder, including a rotator cuff tear, resulting in arthroscopic surgery to repair the rotator cuff. Client received temporary total disability benefits under workers’ compensation while recovering from surgery. Client received a 6% permanency rating to his shoulder upon reaching maximum medical improvement. Obtained a reduction of workers’ compensation lien from $55,372.13 to $30,000.00, while still preserving client’s payment for future medical treatment by workers’ compensation insurance.

$135,000.00 total settlement: $100,000.00 UM policy limits on disabled vehicle, $30,000.00 UM policy limits on client’s auto policy, $5,000.00 medical payments coverage on disabled vehicle.
(Fractured clavicle, fractured left arm/humerus, chest injury and shoulder surgery)
Client was helping to change a tire when a vehicle side-swiped the disabled vehicle and hit the client, launching him 10 feet from the original impact scene. The fractured left arm/humerus required surgery. Unable to identify the at-fault vehicle our law firm was able to settle the claim through uninsured motorist coverages for the disabled vehicle and the client’s own auto policy.

(Fractured left arm and scarring to hand, arm and shoulder)
Husband and wife were riding a motorcycle when a vehicle turned in front of the motorcycle. The husband was driving the motorcycle without a required motorcycle license. The insurance company initially tried to deny the husband’s claim based upon contributory negligence for not having a motorcycle license. The husband, who sustained less significant injuries, achieved a settlement despite the initial denial. The wife, who sustained a broken left arm and scarring, recovered all available insurance coverage.

(Aggravation of existing back injury requiring surgery and fusion)
Client was stopped at a light. As she began to accelerate forward, she was rear-ended from behind. Client had a prior fusion at L3-S1 in her back, thereby necessitating surgery and fusion at L1-L3 due to overall instability in her back. The accident, according to her treating physician, aggravated her existing condition. Despite her pre-existing condition and injury, all available insurance coverage was secured.

Hit by Impaired Driver (DWI) (Lisfranc injury to right mid-foot requiring surgery)
Client’s vehicle was sitting still in turn lane when impaired driver lost control and slammed into his vehicle. Client had foot surgery and was placed in non-weightbearing cast for two months.

(Retina in eye detached after impact requiring surgical repair)
Client was a passenger in a car driven by her husband when they were rear-ended from behind resulting in damage less than $500.00 to their vehicle. Client had prior eye attachment surgery 15 months before the accident raising issues of a pre-existing condition given the extent of the damage to her car. As a result of the accident, client had another retinal detachment necessitating surgery and repair. An opinion was obtained by the ophthalmologist causally relating the retinal detachment to the accident. Ultimately, all insurance coverage was obtained.

$100,000.00 settlement after lawsuit filed.
Hit & Run Roll - Over Car Accident
A car changed lanes on the interstate into our client’s car, causing the client to have to make an abrupt lane change to avoid impact. The car fled the scene as client’s car rolled and the roof concaved. The case was delayed due to the hit and run driver being prosecuted and prolonged treatment. Client was referred by another law firm to our law firm three weeks before the statute of limitations expired. A lawsuit was filed to preserve the statute of limitations and to pursue the claim. The case was settled for all available limits. On a side note, client’s health insurance company initially sought over one-third of the total settlement amount as repayment for payments issued to medical providers as a result of injuries caused by the at fault driver; however, an agreement was reached to where less than one-quarter of the settlement amount was accepted as payment in full.

(Fractured clavicle)
Injuries resulting in displaced, fractured clavicle requiring surgery. Client did not have health insurance. Negotiated and obtained significant reductions of original bills from most providers.

$100,000.00 total settlement from liability and underinsured motorist carriers.
(Neck and back strain resulting in injury to distal superficial femoral artery and a psydoaneurysm requiring surgery to resect both)
A U-haul truck backed out of a driveway, causing a vehicle in the right through-lane to merge and hit client’s host vehicle. Client did not have health insurance. Negotiated and obtained significant reductions of original bills from many providers.

(Concussion/brain injury, neck and chest pain)
A car ran a red light and struck client’s car, causing a wreck and significant property damage. Client went to emergency room with complaints of headache, neck and back pain and left knee pain and returned to the emergency room 19 days after the accident with symptoms of brain injury and a minor stroke. Client treated with a chiropractor and neurosurgeon, as well as underwent rehabilitation therapy.

(Left shoulder rotator cuff tear)
A car turned left in front of client’s truck, causing a wreck and totaling his truck. Client underwent therapy and ultimately surgery to repair his rotator cuff tear. Client elected to go through binding arbitration through his own insurance company as the insurance company for the at-fault vehicle paid all available coverage of $30,000.00. A panel of three arbitrators, pursuant to his insurance policy, presided and unanimously awarded $69,000.00.

(Right hip, pelvis, abdomen, rib cage, neck and back injuries; headaches)
An oncoming vehicle veered into client’s lane, causing a head-on collision. Client had medical treatment with multiple spine specialists and orthopedic doctors. Minimum limits ($30,000.00) available through liability. Found and sought further coverage with client’s own underinsured motorist coverage. After settlement, received notice of health insurance lien, which was negotiated to a reduced amount.

$50,000.00 award upheld on appeal.
(Soft tissue injuries to neck and back)
Client was involved in a four vehicle chain collision involving a school bus and a city bus resulting in soft tissue injuries (sprains/strains) to her neck and back for which she underwent therapy and additional treatment for approximately one year. The case was settled with the city bus for $20,000.00 after filing suit. A Decision and Order was obtained after filing a state tort claim against the local Board of Education for the school bus in the amount of $50,000.00 with the Board receiving a credit for the $20,000.00 paid by the city bus. This Decision and Order award was upheld on appeal by the Full Commission of the North Carolina Industrial Commission.

(Fractured left collar bone and injuries to right knee)
Vehicle turned in front of client’s path as he was driving his motorcycle. Client had initial hospital treatment for the fractured collar bone and right knee injury, visit to primary care doctor and one follow up to orthopedic.

$50,000.00 settlement for all available insurance coverage.
(Left arm 16 stitches, pelvic fracture, degloving wound to thigh)
Client was driving a moped on way to work before daybreak when a pick-up driver turned left in front of him as he went through intersection on green light. Pick-up driver claimed client’s moped did not have headlight on at time of accident thereby contributing to the accident. Manual and inspection of moped demonstrated that moped headlight had to be emitting light by default when moped was in operation.

(Fractured clavicle and lacerated ear requiring sutures)
Client was a passenger in a car with the at-fault driver along with three other passengers that were injured. The insurance coverage was $50,000.00 per person and $100,000.00 total, regardless of the number of claimants. The full $50,000.00 was obtained for client leaving the other three passengers to divide up the remaining coverage.

(Fractured left arm)
Client was a passenger in car driven by family member when car went off road after losing control resulting in a fractured left arm. Client did not have any health insurance; however, reductions were obtained from the majority of medical providers in order to maintain client’s credit.

$45,000.00 settlement requiring court approval for minor.
(3 avulsed or broken/fractured teeth-displaced front two teeth and incisor tooth 7)
Minor was passenger in car that lost control and overturned in a ditch resulting in 3 teeth being knocked out. North Carolina Superior Court judge approved the settlement and funds were deposited into court until minor reached 18 years of age.

(Right knee meniscal tear)
Client T-boned at light and car turned over on side. Arthoscopic surgery or meniscectomy to right knee with a 10% impairment to right lower extremity. Client filed a workers’ compensation claim receiving lost wages while out of work and payment of medical bills totaling $26,935.80. Obtained reduction of $26,935.80 workers’ compensation lien to $13,333.33 as payment in full while still allowing for future medical benefits by workers' compensation.

$40,000.00 settlement after filing suit.
(Bulging disk in back resulting in surgery)
Client involved in an accident where damage to her car, according to the insurance carrier, was minor; however, the car that hit her had moderate to significant damage. Client sustained injuries to her head, neck and back. Tests showed disk bulging in lower back. Client underwent physical therapy and injections for pain relief. Client finally underwent back surgery after not receiving treatment for many months. Prior to filing suit, the cost for back surgery was not included in the insurance company’s top offer of $14,000.00. After filing suit and litigating, the case was resolved at mediation, a month before trial.

All available insurance coverage obtained.
Head-on Collision
Minor was a passenger in a car that crossed over the double yellow line and slid into the path of another vehicle. An estate was set up by our firm upon reaching settlement terms in order to receive the wrongful death distributions.