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 $5,500,000 settlement for a middle-aged husband and father of two injured in a commercial truck accident. Our client was driving his pickup truck when he was rear-ended at highway speed on State Highway 99 in Harris County.
Our client was stopped for traffic while driving eastbound in the right lane on SH-99. Behind him, a driver in a company-owned truck had his cruise control set at 70 mph. That driver never noticed the stopped traffic and slammed into the back of our client’s pickup truck. The investigating Harris County deputy cited the at-fault driver of the company for failure to control speed. The force of the impact violently broke our client’s seat.
What Made the Case Unique
Liability for the crash was clear. What set this case apart was the employer’s history with the truck driver. The evidence showed the company had previously fired this same driver after an earlier rear-end crash. It later rehired him as a full-time driver and gave him a company vehicle. That history became a critical part of the case against the company, supporting claims that it negligently put a driver with a known crash history back behind the wheel of a company vehicle.
Our client’s injuries worsened over time. Although he was able to leave the scene on his own, he later went to the emergency room for treatment. The crash left him with disc herniations at multiple levels of his cervical, thoracic, and lumbar spine. Physical therapy, epidural steroid injections, facet blocks, and radiofrequency ablations did not resolve his pain. He underwent two spine surgeries: a two-level lumbar fusion and a later laminectomy.
Our client’s doctors also identified him as a candidate for neck surgery. He was diagnosed with and treated for post-traumatic stress disorder, anxiety, and depression.
Liability and Legal Strategy
The injuries our client suffered in the crash resulted in lasting physical limitations, significant mental anguish, and a substantial impact on his ability to work. 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
Before the crash, our client earned a six-figure annual salary as a sales director for a commercial sales company. His physically demanding role required him to spend roughly half his time in the field, including climbing tall structures and carrying two-story ladders. The vocational assessment concluded that his injuries left him capable of only part-time sedentary to light-duty work, documenting the significant effect the collision had on his earning capacity.
With that record in place, we served a time-limited Stowers settlement demand on both the primary commercial auto insurer and the umbrella carrier.
Client Outcome
The case resolved for $5,500,000. The recovery gives our client resources for future medical care, including possible additional spine surgery.
Injured in a crash involving a commercial truck or company vehicle? Maida Law Firm has fought for Texas accident victims for more than 30 years. Call (713) 785-9484 today for a free case evaluation. There is no fee unless we recover compensation for you.
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.