Melissa’s Settlement Following a Commercial Vehicle Accident
In March 2019, Melissa was driving east on 8th Street towards the intersection with Ramirez Road in Sebastian, Texas. At the same time, a driver of a commercial vehicle was stopped on Ramirez Road at the northbound entrance of the same intersection.
Before the accident, the commercial driver was facing a red stop sign that required him to yield the right-of-way to all east and westbound traffic on 8th Street. Unfortunately, the commercial driver made a rolling stop, failed to yield the right-of-way, and attempted to turn right even though Melissa was already very close to the intersection. To avoid a collision, Melissa took evasive action and swerved her car to the left. Unfortunately, the roadway was so narrow and the commercial vehicle made such a wide turn that Ms. Gomez went into a ditch and hit a telephone pole. Following an on-scene investigation, the responding state trooper cited the commercial driver for his failure to yield the right-of-way and assigned 100% responsibility of the accident to the other driver.
An ambulance took Melissa to a Harlingen hospital following the accident. While Melissa’s injuries did not require emergency or surgical intervention, she continued to experience pain after her discharge. As a result, she underwent several weeks of outpatient physical therapy and pain management to get her back to feeling normal.
Since the accident, the commercial driver’s liability carrier insisted that Melissa was partially to blame for her injuries. Throughout negotiations, the liability carrier argued that Melissa overreacted to commercial driver’s running of the stop sign and never fully considered how her injuries could have been worse had she not taken the evasive measures that she did. My law firm refused to give in and, instead, argued that the commercial driver’s failure to make a complete stop caused both the accident and Melissa’s resulting injuries. After several weeks of negotiations, the liability carrier conceded and agreed to settle Melissa’s claim for more than it initially offered.
(As a side note, I would be remiss if I did not mention the difficult times we are going through, both in Cameron County and throughout the world. Every day, both current and potential clients call my office for help regarding various legal issues. Since my firm provides professional services necessary to assist in legally mandated activities, we will continue to operate until further notice. To ensure the safety of my staff and my clients, though, we have closed our front door to incoming visitors. If you need assistance, you may knock or call our office for help. I kindly ask that you remain patient and understanding as my staff and I deal with this fluid situation.)
When an injured victim files a commercial claim following an accident, the insurance company assigns that claim to an experienced adjuster. The chances are high that the adjuster will use that experience to settle the claim at a discount for the carrier. If a negligent commercial driver has injured you or a loved one, you have enough things to worry about. Do not let dealing with the 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.