As a personal injury attorney, I've handled many motor vehicle accident cases over the years, but some involve circumstances that are anything but ordinary.
The Accident
One such case involved a gentleman who was driving his vehicle when a large tire suddenly came off a tractor-trailer and struck his car. The accident happened without warning and resulted in injuries to his back, knee, and shoulder.
Why We Filed a Lawsuit
After being retained to represent him, I pursued a claim against the responsible parties and their insurance carrier. Although the insurance company made an offer to settle the case, I did not believe the amount being offered fairly compensated my client for his injuries.
Rather than accept the offer, we filed a lawsuit.
As is often the case in personal injury matters, there can be a significant difference between what an insurance company initially offers and what a claim is ultimately worth. Insurance companies evaluate claims from their own perspective, and their initial offers do not always adequately account for the injuries and losses suffered by the person making the claim.
In this case, I believed my client was entitled to substantially more than the insurance company was willing to pay voluntarily, and we proceeded with litigation.
Ultimately, we were able to resolve the case for $390,000.
Why Tractor-Trailer Cases Are Different
What makes this case particularly interesting is the unusual way the accident occurred. Most people think of tractor-trailer accidents as collisions between a truck and another vehicle. However, a commercial truck can cause serious injuries even without a direct collision. Tires that become detached, improperly secured loads, and other equipment failures can create dangerous situations for motorists who happen to be nearby.
Lawsuits involving tractor-trailers also need to be handled differently from ordinary automobile accident cases because commercial trucks are subject to additional federal and state safety regulations, including those administered by the Federal Motor Carrier Safety Administration (FMCSA), which establish requirements concerning vehicle inspections, maintenance, and safe operation.
This case is also a reminder that an injured person does not have to accept an insurance company's initial settlement offer. There are times when a reasonable settlement can be negotiated without filing suit, but there are also cases where litigation is necessary to obtain an appropriate result.
I'm pleased that we were able to obtain a substantial settlement for our client and bring his case to a successful conclusion.
If you were hurt in a truck accident, call Sette & Parnoff, PC at (475) 255-3911.
Every personal injury case is different, and past results do not guarantee a similar outcome.