Houston, Texas- Owner and Founder, Sam A. Maida, Jr., Litigation Managing Attorney, Bernard G. Johnson III, and Senior Associate Attorney Gabriel de Vega of Maida Law Firm secured a $2,000,000.00 policy limits settlement for a mother of two in a commercial 18-wheeler truck accident case. The Plaintiff was driving her vehicle when an 18-wheeler made an unsafe lane change into her lane, causing the back of his trailer to collide with the front of our client’s vehicle. The impact caused her to lose control of her vehicle and crash into another vehicle in an adjacent lane.
What Made the Case Unique
The company, after its investigation, surprisingly found that their driver was not at fault, and permitted him to get back on the road. Also, in his deposition, the defendant admitted to past instances of being pressured to continue hauling his goods when he was fatigued. The company also filed for bankruptcy protection.
Our client needed immediate medical attention. She went to the ER, where she was treated for neck and lower back pain, and needed multiple CT scans and XRAYS. The crash left her with disc herniations at multiple levels of her cervical and lumbar spine. Physical therapy, cervical and lumbar medial branch block injections, multiple radiofrequency ablations in her lower back did not resolve her pain. She went through two spine surgeries: a lumbar laminectomy and a cervical fusion.
Liability and Legal Strategy
The state of our client’s injuries resulting from this 18-wheeler trucking crash have caused her permanent physical injuries and mental anguish. Our Maida Law Firm legal team filed suit in Harris County district court and deposed the at-fault driver. We built the damages case with three expert analyses:
a forensic vocational assessment
- a life care plan
- a net economic loss report from economists
The company argued that they would never pay policy limits due to bankruptcy protection against any excess verdict. However, Maida Law Firm defeated the company’s legal strategy and argued that bankruptcy protection did not apply to the company driver individually and exposed him to an excess verdict and judgment. With that argument and client damages record in place, we served a time-limited Stowers settlement demand on both the primary commercial auto insurer and the umbrella carrier. The company insurer tendered their policy limits two weeks before trial.
Client Outcome
The case resolved for full policy limits of $2,000,000.00.
Hurt by a commercial or company driver 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.
Past results do not guarantee a similar outcome. Every case is different and depends on its own facts.