Our client was driving to work when a work truck pulling an excavator turned left in front of her. She tried to stop but couldn’t and crashed into the truck. The wreck broke multiple ribs and tore the meniscus in her knee. The police report incorrectly blamed our client for the wreck. The insurance company’s initial offer was $155,000, which didn’t even cover her medical bills. We filed a lawsuit and secured a $300,000 settlement, which was twice her medical bills.
Case Summary
- Settlement: $300,000
- Location: Columbia County, Georgia (Wrightsboro Road at Baker Place Road)
- Type of Case: Truck accident (commercial vehicle, failure to yield)
- Injuries: Multiple fractured ribs, chest contusions, right knee meniscus tear requiring arthroscopic surgery
- Insurance Position: Police report listed our client as at fault; insurer’s pre-suit offer covered barely more than her medical bills
- Result: $300,000 settlement secured after filing suit
The Crash
The wreck happened at the intersection of Wrightsboro Road and Baker Place Road in Columbia County. The at-fault driver was driving a Ford F-450 pulling a trailer loaded with an excavator. He was stopped in the eastbound lane of Wrightsboro Road when he turned left onto Baker Place Road directly into the path of our client, who was driving west on Wrightsboro Road and had the right of way. Our client couldn’t avoid the truck’s trailer and crashed into it. Here’s what her car looked like after the wreck:
The police report incorrectly listed our client as the at-fault driver. Under Georgia law O.C.G.A. § 40-6-71, a driver turning left at an intersection must yield to oncoming traffic that is close enough to pose an immediate hazard. Because our client had the right of way, the truck driver was the one who was at fault, not our client.
Injuries and Medical Treatment
The ambulance took our client to the emergency room. Emergency room doctors found chest and knee pain along with bruising from her seatbelt. Imaging in the days that followed showed acute fractures of several right-side ribs, a chest wall contusion, and a hematoma in her right breast.
When her knee pain didn’t go away after a couple of weeks, she went to see an orthopedist. He ordered physical therapy and injections and when those didn’t help, ordered an MRI that revealed a tear of the medial meniscus. She then underwent knee surgery that involved repairing the torn meniscus and damaged cartilage. She then had months of physical therapy to regain strength and range of motion in the knee.
An Inadequate First Offer
Our client wanted to settle the case without filing a lawsuit. But the insurance company’s first offer was $155,000, which didn’t cover her medical bills, let alone her broken ribs, knee surgery and months of physical therapy.
Filing Suit and Reaching a Settlement
After a couple of rounds of negotiations showed the insurance company wasn’t serious about settling the case, our client authorized us to file a lawsuit. A new claims adjuster took over the case and re-evaluated it and significantly increased the settlement offer. After several more rounds of negotiations, we secured a $300,000 settlement, nearly double the insurance company’s first offer.
This is something we often see in our practice. Before you file a lawsuit, insurance companies often make unfair low settlement offers. They do this because some clients don’t want to file a lawsuit and will take the offers and because there are many attorneys who don’t file lawsuits and litigate and try cases. Once you file the lawsuit and show the insurance company you are serious about the case and that you have an attorney who is willing and capable of trying your case, the insurance company re-evaluates the case and significantly increases the settlement offer.
Hurt in a Truck Accident in Georgia?
If you or a loved one has been hurt in a truck accident, contact us for a free consultation. There is no fee unless we win.
FAQ
What if the police report blames me for a crash I didn’t cause?
A police report isn’t the final word on fault. While a police report that finds you at fault for an accident isn’t helpful, other evidence, such as witness statements and the facts of the crash, can show the officer got it wrong.
Why would an insurance company only offer to cover my medical bills?
Insurance companies often start with low offers to see whether you will accept it before a lawsuit is filed. Some injured people will accept low offers and some personal injury lawyers who don’t litigate and try cases will pressure their clients to accept unfair low offers.
Why file a lawsuit instead of continuing to negotiate?
Filing a lawsuit shows the insurance company that you and your lawyer are serious about pursuing the case. When you file a lawsuit, it often changes the dynamics of settlement negotiations, like it did in this case.
