Houston, Texas- Owner and Founder, Sam A. Maida, Jr., Litigation Managing Attorney, Bernard G. Joshnson, III, and Senior Associate Attorney Gabriel de Vega of Maida Law Firm secured a $1,000,000 settlement for a client whose pickup truck was rear-ended by a Freightliner courier truck.
Our Maida Law Firm client was stopped at a red light at FM 2920 and Kuykendahl Road. The driver of a 18-Wheel Freightliner operated for a courier company failed to control his speed, failed to keep a proper lookout, and did not brake in time. The impact knocked our client’s bumper loose and crushed his tailgate.
What Made the Case Unique
The defense tried to minimize the case from two directions:
Vehicle damage. The defense pointed to the minor damage to our client’s truck. We retained an expert biomechanical engineer to opine regarding speed, velocity, vehicle damage and how it relates to the causation of our client’s injuries. His report explained that vehicle damage alone is not a reliable measure of the forces transmitted to the people inside.
Medical bills. The defense filed counter-affidavits from a witness challenging whether our client’s medical expenses were reasonable and necessary. We moved to strike them. The court granted our motion and barred that witness from testifying.
Our client’s injuries were serious. After two cervical epidural steroid injections and one lumbar injection failed to bring lasting relief, he underwent two surgeries:
- a cervical fusion from C4 to C7
- a bilateral L4–L5 laminectomy, partial facetectomy, and foraminotomy
Liability and Legal Strategy
We filed suit in Harris County district court against the driver and the related courier and transportation companies and presented expert witnesses. Their coverage was stacked in layers:
| Coverage layer | Limit |
| Primary | $100,000 |
| Umbrella | $900,000 |
We served a Stowers demand and the case was settled for the Primary and Umbrella policy limits of a total of $1,000,000.00.
Client Outcome
The case resolved for the full $1,000,000, of the combined limits of the primary and umbrella policies.
Hit by a commercial truck in the Houston area? Call Maida Law Firm at (713) 785-9484.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.