A Personal Injury Case Analysis:

A semi driver was travelling in northern Indiana on his normal route. He was pulling a trailer. He stopped at a red light. Suddenly, without any warning, his trailer was slammed into by another semi tractor and trailer. It was a big impact. Craig, Kelley, & Faultless represented the semi driver who was rear–ended.

Establishing Fault and Responsibility

Liability was clear. The semis were both inspected. By downloading the Electronic Control Modules (ECM) of the semis, it was established that the semi that rear–ended our client was going fast, wasn’t slowing, and didn’t brake until the last second. Clearly the truck driver was distracted and was driving dangerously before the accident. The inspection also confirmed that our client was stopped, his equipment was in good working order and his brake lights were working.

Unseen Injuries and the Complications of Worker’s Compensation

Damages were more complicated. Although our client sustained objective injuries, the most severe injury turned out to be one that couldn’t be seen. Our client suffered a mild traumatic brain injury in the crash. He did not lose consciousness at the scene. At the emergency room, his CT scan was negative. All tests given to him were normal. The medical records noted that he initially had a headache, some dizziness, and confusion. He was diagnosed with a concussion and told to follow up if his issues didn’t resolve themselves. A concussion is a mild traumatic brain injury.

He was working at the time, and therefore he had a worker’s compensation claim. Even though the accident happened in Indiana, he lived in, and the trucking company he worked for was located in Ohio. When you have a worker’s compensation claim you typically have to be treated by the doctors and healthcare providers selected by the worker’s compensation insurance company. Unfortunately, they are often more interested in getting you back on the job than getting you all the treatment you need. The reason is that they have to pay the medical expenses and a portion of the employee’s wages. The sooner the employee is released to return to full time work and from future treatment, the sooner the insurance company starts saving money.

That’s what happened in this case. The worker’s compensation insurance company sent our client to healthcare providers who downplayed the significance of his brain injury. As his other injuries healed, the insurance company was eager to get our client back to work and they released him to return to driving a truck. Our client was not ready to return to driving a semi.

The problem was our client was still having significant symptoms from the traumatic brain injury (TBI). By definition, his injury was a concussion, a mild traumatic brain injury. That doesn’t mean the symptoms were minor. In this case, the symptoms were disabling. Our client suffered from cognitive difficulties, memory issues, confusion, headaches, dizziness, and vertigo. This made it extremely dangerous for him to drive a semi. Regardless, the worker’s compensation carrier released him to work.

The Importance of Independent Specialists

Our law firm decided to send him to one of the foremost experts on brain injuries, who is located on the east coast. This doctor did more sophisticated testing. This doctor confirmed that he did have a brain injury and that the brain injury was causing the problems that he continued to suffer from. The doctor also saw that he was not capable of driving a car, let alone a semi.

We refuse to rely upon worker’s compensation doctors. Instead, we will often have our clients examined by a specialist as soon as we are hired. This gives our client a second opinion and gives us independent information that can be critical in getting our client the right types of treatment. This information can then be used in a worker’s compensation case as well as the personal injury case.

In this case, we sent the information we obtained from the independent specialist to the worker’s compensation carrier’s attorney, and we were able to get them to reverse their earlier conclusion. He was able to avoid going back to work. This protected him and the public. We were also able to get our client the treatment he desperately needed.

The Significance of Brain Injuries in Commercial Vehicle Accidents

It is not unusual for a person to suffer a traumatic brain injury as a result of a wreck with a semi, dump truck, bus, or other large commercial vehicle. These wrecks involve significant force because of the weight of the commercial motor vehicle. I have represented people with mild, moderate, and severe brain injuries as a result of commercial motor vehicle accidents. Unfortunately, the majority of mild traumatic brain injuries go untreated, and sometimes even undiagnosed.

Selecting an Advocate Who Understands Both Truck Accidents and Brain Injuries

It is important if you have been in an accident with a semi or other big truck that you hire an attorney that not only understands truck accident law, but also understands injuries, especially brain injuries and post–concussion syndrome. You need a lawyer who will help you get a second opinion from independent experts that are the best in their fields. I send our clients to health care providers that I would send my own family to if they were having a problem.

The good news is that we were able to get our client properly diagnosed and treated. In this case, the client received two settlements. He settled his injury claim against the negligent semi driver, and he settled his worker’s compensation claim. Picking the right attorney is critical and will help assure the correct steps will be taken to get you a fair settlement or verdict. Picking the wrong lawyer can be one of the biggest mistakes you can make. That decision could result in a huge financial loss in addition to a life of dealing with a disabling injury.