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Mediating Johnny’s Denied Liability Claim

A picture of the property damage caused by a negligent driver’s failure to control his speed.

Last February, Johnny was backing out of his driveway in Harlingen, Texas as a second driver sped in Johnny’s direction. Unfortunately, the other driver failed to control his speed and crashed into the back of Johnny’s truck. When the responding officer arrived, the other driver blamed Johnny for the collision, arguing that Johnny reversed his truck unsafely onto the street. Johnny informed the officer that a nearby surveillance camera had captured footage of the collision. The officer reviewed the video and determined that the second driver had sufficient time to stop or slow down before crashing into Johnny’s truck. However, the officer stopped short of assigning fault or issuing a citation to the other driver. 

The impact caused Johnny to experience head and back pain, so an ambulance transported him to a Harlingen hospital for emergency medical treatment. After Johnny’s discharge, he retained an out-of-town lawyer to help him with his claim. However, the other driver’s liability insurer denied Johnny’s claim based on the officer’s not assigning fault and the other driver’s insistence that Johnny—and not the other driver—caused the collision. When the insurance company denied the claim, Johnny’s attorney discontinued the attorney-client relationship. Later that day, Johnny discovered my law firm while searching online for local injury lawyers with experience handling auto negligence claims. After an initial consultation, Johnny hired my firm to represent him.

Harlingen accident attorney Robert Davis Jr and car crash victim, Johnny

My office sued the at-fault driver less than one month after the collision occurred. Even though 2020 presented novel challenges to the judicial system, my office continued to push Johnny’s case forward. After several months of exchanging written discovery, my firm scheduled Johnny’s case for mediation in December. There, we successfully convinced the assigned insurance adjuster that the other driver’s negligence caused the collision. Thanks to mediator Gil Peralez’s help, the at-fault driver’s carrier agreed to pay Johnny a fair settlement both for his bodily injuries and property damage at mediation.

If someone else’s negligence has injured you or a loved one, you have enough things to worry about. Do not let negotiating with an insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.