Miami Truck Accident Attorney Dell & Schaefer Get $150,000 for Victim

Air conditioning repair technician sideswiped by 18-wheeler in truck accident on I-95

A 35-year-old air conditioning repair technician was injured in a truck accident on I-95 in North Miami when the vehicle he was driving was sideswiped by an 18-wheeler, causing his vehicle to lose control and hit a concrete barrier. Our client was on his way home from visiting his mother and was just about to exit highway when the driver of a tractor trailer came into his lane and swiped the left rear of our client’s vehicle, causing him to lose control. Our client’s vehicle was then t-boned by the 18 wheeler and pushed for approximately 50 feet before the semi came to a stop. Our client’s vehicle continued to spin for approximately 50 more feet before striking a concrete barrier on the left side of the highway.

35 year-old Miami man injured in truck accident

Luckily, our client was able to get out of his vehicle on his own. Though he had immediate complaints of shoulder, neck and lower back pain, he refused emergency medical care. One reason for his complaints of pain was that a toolbox that our client kept in the rear seat of his vehicle became dislodged during the accident, striking him in the head. Florida Highway Patrol arrived on the scene and immediately took a statement from the driver of the 18-wheeler. By the time the patrolman decided to speak with our client, he had already made up his mind regarding who was at fault and decided to give our client a ticket for improper change of lane. Our client attempted to explain to the officer that it was the driver of the 18-wheeler who came into his lane and caused the accident, but the patrolman would not change his decision.

Trucking accident victim fights the ticket

Our client decided that he would not accept the citation he received and would fight the ticket. He notified the court and entered a plea of not guilty. On the date of his trial, neither the driver of the tractor trailer nor the Florida Highway Patrolman was present for the hearing. The hearing officer dismissed the ticket against our client. Our client continued to experience pain however, and he knew he could not go any further without getting medical treatment.

Trucking accident victim seeks medical attention

Initially, our client sought the care of a chiropractor. He was scheduled for physical therapy three times per week. He reported feeling slightly better but continued to experience pain in his neck. The chiropractor decided it would be appropriate to refer our client to a board certified orthopedic surgeon. Our client was able to get an appointment for later that week. The orthopedic surgeon noted that our client appeared to be experiencing a great deal of pain in his neck and decided that an MRI of the cervical spine (neck) would be appropriate.

Trucking accident victim gets MRI

Our client was able to get an appointment for an MRI of the cervical spine approximately three days later. The results were not good. The orthopedic surgeon determined that our client suffered two separate herniated disks of the cervical spine. He noted that this herniation would indeed cause a great deal of pain for our client. The surgeon was of the opinion that the only way to rectify this injury would be a through a surgical procedure. Our client was recommended for a cervical fusion, a surgery where hardware is utilized to secure the vertebrae in an effort to prevent movement and reduce or eliminate pain. Our client was not pleased with his prospects. He did not want a surgery and was not looking forward to getting any further treatment.

Trucking accident victim receives a cervical fusion

Several days later, our client decided he could not take the pain any longer and scheduled himself for a cervical fusion. He received the surgery approximately three weeks later. Initially, he was in a great deal of pain from the surgery and was not sure he had made the right decision. Approximately one week later, he began to notice that his pain was beginning to diminish. A month after surgery, our client had noticed a great reduction in pain and felt as if he was getting better every day. After a follow-up appointment, he was reassured by the surgeon that everything was, in fact, healing properly and that he appeared to be having a fantastic recovery.

Accident victim seeks help from Miami truck accident attorney Dell and Schaefer

Our attorneys made the claim on behalf of our client and alleged that the driver of the 18-wheeler was negligent, causing the accident. The insurance company for the trucking company disagreed with our position and argued that our client was negligent and thus, responsible for his own injuries. The insurance company denied the claim and refused to make any settlement offer whatsoever.

Trucking accident attorneys Dell and Schaefer file a lawsuit

Our attorneys had no choice but to file a lawsuit. The lawsuit was filed in the Circuit Court of Miami-Dade County. Our attorneys argued that our client could not have been responsible for this accident because he was getting off the highway and using the exit to his right at the time of the accident. The 18-wheeler was to his left and thus, our client had no reason to be going into his left lane. The only reasonable explanation of the accident was that the 18-wheeler came into our client’s lane as he was attempting to get off the highway, causing our client to lose control of his vehicle and spin across the highway. Our attorneys hired an accident reconstruction expert who corroborated our client’s rendition of the accident.

Trucking accident attorneys Dell and Schaefer achieve $150,000 settlement

After several months of litigation, our attorneys were able to negotiate a $150,000 settlement. This was especially surprising considering the insurance company initially denied the claim, refusing to make any voluntary payments. This settlement enabled our client to have all of his medical bills paid in full and also provided him with adequate compensation for his pain and suffering. Our client was very pleased with the outcome and reported that his surgery was healing very well and his level of pain was diminished.

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