Our clients, two young females, were sitting in their car at a convenience store when a large pick-up truck slammed into the back of their vehicle on the driver’s side. It hit them so hard that it caused the passenger to lose bladder control. Their car was parked and not moving as the driver had just gotten back into the car after returning from the store. In fact, the engine of their vehicle had not been started.
The driver of the pick-up truck got out and told them he was sorry, that he didn’t see them, provided his insurance information, and assured them that everything would be taken care of. He later changed his story, decided not to do the right thing, and provided false information about what happened to his insurance company, USAA.
Both of our clients were pregnant at the time of this accident. One of them lost her baby.
The medical records indicated that both ladies had severe back pain and complications with their pregnancies because of this accident.
Parking lot accidents are particularly difficult as they are usually low speed with minimal damage to the vehicles. This is used by the insurance adjusters to minimize the injuries declaring that minimal property damage means minimal injuries to the occupants of the vehicles. Additionally, parking lot accidents almost always have disputed liability as the parties accuse each other of backing into them. That was the case here when the pick-up driver changed his story.
In spite of these challenges, Chuck Martin was able to negotiate significant settlements for both of these ladies.
If you, a love one or a friend have been injured in a motor vehicle accident, call attorney Chuck Martin for a free evaluation of your case.
Truck Accident
Truck Forces Small Car Into Curb
- Our client, a young man 25 years old, was driving his 2011 Volkswagon Jetta in the right lane of a 4 lane divided road (2 lanes in each direction) going about 35 mph when a truck in the lane to his immediate left suddenly moved into his lane, hitting the driver’s side of his vehicle and pushed him into the curb. Even though he was wearing his seat belt and shoulder harness he was tossed forward and backward during the impact striking his chest and abdomen on the steering wheel.
- He began having headaches, chest pain and lower back pain with increasing intensity, prompting him to proceed to the emergency room at Provident Medical Center in Everett. There it was noted that he had significant muscle spasms. He was diagnosed with lumbar strain and muscle spasms and prescribed medication for pain and anxiety and a muscle relaxant.
- On January 21 he followed-up with his primary care physician at Group Health in Everett where the muscle spasms were again noted. He was diagnosed with thoracic sprain and was referred for physical therapy.
- On January 26 while visiting his mother in Edmonds, his pain and spasms became unbearable. He went to the emergency room at Swedish Hospital in Edmonds where it was noted that the medications previously prescribed were not helping. His medication was replaced in an attempt to stop the spasms.
- A follow-up visit to his primary care physician gives a detailed description of the intensity and location of his pain, right between the shoulder blades with visible spasms.
- He tried physical therapy but it was not helping and in fact made the pain worse.
- Another follow-up report from his primary care physician indicates that the pain was “unrelenting”.
- An MRI of the thoracic spine revealed degenerative changes.
- A subsequent report diagnosed “severe episodic pain in the face of chronic pain. He has an impressive response to the pain at times”.
- After months of doctor visits with little to no relief from the pain, he was referred to a Pain Management Clinic where he was diagnosed with chonic thoracic pain and chronic neck pain exacerbated by the motor vehicle accident. Unfortunately, the pain clinic offered nothing additional to alleviate his pain or help him to manage the pain
- He has continued with his treatment through the present time with no relief. He lost his health insurance coverage when he turned 26 years old as he was on his mother’s policy. He is attempting to obtain coverage through Obama-Care so he can continue his treatment and hopefully find an answer for the pain.
Although the case presented major difficulties due to the pre-existing conditions, the law firm of MartinLaw was able to secure a significant five-figure settlement for our client within a few months after the accident.
To find out how MartinLaw and Chuck Martin can help you obtain a significant settlement on you car accident case please visit our car accident page. To speak with Chuck Martin please call 206-684-9468 for a free evaluation of your case.
Senior Citizen In Bike Lane Hit By Truck
Our client, a lady in her seventies, was riding her bicycle in the bike lane when a man driving a large pick-up truck turned right from a cross street and struck her from behind, knocking her to the pavement.
- She was rushed by ambulance to the emergency room where she was diagnosed with four rib fractures on the right and pneumohemothorax (collapsed lung). She was given an epidural for pain.
- A CT scan revealed a massive right rotator cuff tear. X-rays revealed a right elbow enthesopathy (detached tendon).
- She remained hospitalized for six days before being transferred to a rehabilitation center. She underwent occupational and physical therapy. She remained there for six additional days. She was given instructions for home self-care and was advised to keep her right arm in a sling.
- She continued follow-up care with orthopedic surgeon. She underwent epidural injections in her shoulder. An MRI on March 18 revealed the large rotator cuff tear with associated muscular atrophy, tendinosis of the subscapularis and arthropathy.
- She endured several grueling months of physical therapy and rehabiltation. Developing adhesive capsulitis (frozen shoulder) is common in this type of injury and she will have to continue a dedicated self-help home care program of exercise and stretching.
- Due to her age it was decided that rotator cuff repair surgery was not a viable option despite her limited range of motion. However, her orthopedist indicates that a total shoulder replacement is a very real possibily.
- Prior to the accident she had a very active lifestyle. She played golf with friends twice a week and biked with friends several times a week. In the winter she participated in bowling. All of these activities have been curtailed during the rehabiitation from her injuries.
- She has developed symptoms of PTSD, anxiety and depression and will need to continue to address these issues with additional talk therapy.
- She also needed dental work for a cracked tooth and crown.
The law firm of MartinLaw PLLC was successful in completing a mid six figure settlement for this lady within six months of the accident.
To find out how MartinLaw, PLLC and attorney Chuck Martin will handle your car or bicycle accident case please visit the bicycle or car accident page.
Five Figure Settlement For On-The-Job Truck Wreck
• Our client was a restrained front seat passenger of a Ford F350 pick-up truck moving through an intersection when another vehicle ran a stop sign causing a massive collision. Both vehicles were traveling an estimated 40 mph.
• He was on the job at the time of the accident, working for the Public Works Department for the small city where he lives.
• The impact was on the passenger side where our client was sitting.
• The other driver admitted at the scene that he was distracted while talking to his passengers.
• Both vehicles were totaled.
• It was obvious at the scene that our client was suffering from potentially serious injuries. He was transported by ambulance to the emergency room at Whidbey General Hospital.
• At the ER, our client reported pain in his chest, abdomen, neck and back. Several CT scans were ordered which revealed bilateral L5 spondylolysis. He was diagnosed with contusions of the ribs and the abdominal wall.
• A tool box from the back of the truck came flying to the front and struck our client on the side of his head and gashed his left ear. He was discharged with pain medication.
• His neck, back and rib pain continued so he returned to the ER two days later. Additional CT scans were ordered which revealed degenerative disk and facet disease in the cervical and lumbar spine. He was again discharged without answers for the continuing pain symptoms in his side.
• As the pain continued to get worse he returned to the ER for a third time five days later, reporting shortness of breath and back pain. He was again discharged with a diagnosis of rib contusion and back spasms.
• He reported to the ER a fourth time a week later, determined to find answers for his continuing and increasing pain. CT scans of the abdomen and pelvis areas were ordered. It was finally determined that he had a displaced fracture of the right 12th rib with callus formation, meaning the rib was rubbing and irritating the surrounding tissue causing a callus to form. This was apparently the source of the side pain.
• He began treating with his primary care physician about three weeks after the accident. It was noted that he likely hit his head in the accident and had cervical and lumbar strain and severe tenderness along the right rib area. It was also noted that nearly every breath caused pain to his side. Sneezing caused unbearable pain. He was ordered to stay off work.
• He was referred for physical therapy which began about a month after the accident. This entailed electrical stimulation, ultrasound, therapeutic exercise and manual therapy.
• It was noted in the records that the gash on his ear had become infected requiring antibiotics.
• Our client has endured a difficult and painful course of medical treatment that continued about three months.
• The radiological studies show bilateral L5 spondylolysis as well as cervical and lumbar degenerative disk and facet disease. These conditions were exacerbated by this accident making his recovery even more painful and difficult.
• He works at a physicaly demanding job with the Public Works and street repair Department of the small city where he lives.
• His employer requires its employees to use sick leave and vacation time for time off from an injury. The L & I (workers’ compensation) benefit is paid to the employer. That benefit has to be reimbursed to L & I if there is a liability settlement.
• He reports that the accident ruined the Holiday Season for him and his family. Due to his pain and disability he could not participate in the usual Holiday activities. He could only sit and try not to move too much or sneeze.
• His favorite hobby is playing the drums with a band. He was completely unable to participate in this activity during his recovery. He continues to have pain and great difficulty attempting to engage in this activity.
A compact but well-documented, indexed and tabbed settlement package was sent to the insurance company. After several weeks of exhaustive negotiations, the case was settled for a high five figure amount within six months after the accident.
- To find out how MartinLaw, PLLC and attorney Chuck Martin will handle your car or truck accident case please visit the car accident page.