Houston, Texas – Owner and Founder, Sam A. Maida, Jr. and Litigation Managing Attorney Bernard G. Johnson, III of Maida Law Firm secured a $4,000,000 settlement for a passenger who needed a spinal fusion after a company truck rear-ended the vehicle he was riding in on a West Texas highway.
Our client was a passenger in a pickup truck traveling on a West Texas highway in the early morning. According to the claims in the case, the driver of a company truck behind him was traveling about 80 mph in a 55 mph zone. When our client’s truck slowed, the driver did not, and he rear-ended it. The investigating officer found the driver solely at fault and charged him with failure to control speed.
What Made the Case Unique
The defendants’ own records documented the speed. The company’s GPS data and incident report showed the driver far over the limit moments before the crash, so the fight was over how much the crash cost our client.
His injuries also did not respond to conservative care. He went to the emergency room the day of the crash with low back pain, and his condition did not improve over the following year:
- Imaging: an MRI showed an L5-S1 disc herniation.
- Nerve testing: EMG/NCV testing showed electrical evidence of bilateral L5 radiculopathy.
- Treatment: chiropractic care, medication, epidural steroid injections, a nerve block, and radiofrequency ablation did not provide lasting relief. He then underwent an L5-S1 anterior lumbar interbody fusion.
- Long-term outlook: his surgeon released him to work with lifting and sitting limits, told him the pain will probably never be zero, and warned that a fusion at an adjacent level is likely in the future.
Liability and Legal Strategy
We filed suit in a West Texas district court against the driver and the company. We built the liability case on the defendants’ own GPS data and incident report, the police finding of sole fault, and a medical record that documented every treatment step from the emergency room to surgery. The defendants had multiple layers of insurance coverage. We served several formal settlement Stowers demands on the defendants and their insurers. After two mediations and some post mediation negotiations, Maida Law Firm was able to secure full policy limits on all three liability policies.
Client Outcome
| Category | Details |
|---|---|
| Settlement Amount | $4,000,000 |
| Past Medical Expenses | Approximately $570,000 |
| Estimated Future Medical Expenses | Approximately $488,000 |
| Lost Earnings | Approximately $42,000 |
| Medical Procedure | L5-S1 Anterior Lumbar Interbody Fusion |
| Settlement Result | Full policy limits secured across all three liability policies |
Injured in a truck crash in West Texas? Call Maida Law Firm at (713) 785-9484.
Every case is different. Past results do not guarantee a similar outcome. The settlement amount shown is the gross amount, before attorney’s fees, expenses and liens.
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.
State Bar of TexasAvvoMartindale-HubbellLawLinkThatCarHitMeLinkedIn
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.