In the fall of 2006, our 72-year-old client was driving on North Loop East in Houston when he was hit by a City of Houston dump truck that had been traveling westbound. It was later determined that the driver of the dump truck failed to allow a semi-truck to merge into his lane in a construction zone. The dump truck was clipped by the semi-truck, which caused the dump truck driver to lose control and cross the barrier into the path of our client’s car. The dump truck driver was determined to be at fault and on duty as an employee of the city at the time of the accident, making the city liable for our client’s damages.
Our Client Will Never Fully Recover
Our client, who is a beloved husband, father, and grandfather, suffered catastrophic injuries including a traumatic brain injury, broken bones, a torn rotator cuff, lacerations and puncture wounds. He was treated at multiple Houston-area hospitals and rehabilitation centers over a period of seven months. He was finally able to go home but requires 24-hour nursing care and twice-daily heparin injections to prevent blood clots. The brain damage he suffered is so severe, he cannot sit up, hold his head up, stand or walk. He is totally dependent on the care of others to perform even simple daily tasks. His wife is his primary caregiver, and the active retirement she once envisioned is now impossible. The cost of his future medical care is sure to be in excess of $1.5 million.
Trucking Accident Damages Total Over $2.5 Million
At the time of the accident, our client was an executive vice president of a Houston company and was earning a substantial income. Given the medical costs he had already incurred at the time of the settlement and the projected cost of his care over the rest of his life, plus the loss of income his family would suffer due to his inability to ever work again, we estimated total economic damages to be over $2.5 million. With the non-economic losses suffered by our client and his wife, we could have easily obtained a $5 million verdict for them. However because the defendant in this case was a governmental unit—the City of Houston—damages are capped at $250,000 under Texas Civil Practices & Remedy Code 101.023(c). We demanded the full $250,000 from the city.
Fortunately, our client also carried a substantial amount of uninsured/underinsured motorist coverage on his own insurance policy. After a hard-fought legal battle, we were able to recover this insurance in addition to the settlement from the city.
The Parker Law Firm Fights for Maximum Damages
Whatever the circumstances of your car or truck accident, we will investigate every viable source of compensation to get you the maximum possible settlement. In this case, we were able to get our client awards from the at-fault party as well as his own insurance company.
Have You Been Injured In A Texas Area Truck Accident?
If you or a loved one was injured in a commercial truck accident in Texas, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Bedford, Texas office directly at 817.440.3888 to schedule your free consultation. We help personal injury clients throughout Dallas, Fort Worth, Arlington as well as all areas of Texas.
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