Case Study – Failure To Stop At Stop Sign

Dale and Amy were driving to the beach. They didn’t even get out of the county before another driver crashed into them, changing their lives forever. This is their story.

The following story is a real case handled by the attorneys of Kane & Silverman. The names and exact details of the case have been changed to protect the identities of the parties involved.

Case Type: MVA – Car Accident
Location: Pennsylvania
Date of Crash: Fall of 2020
Injuries: Serious head injuries, several major broken bones, multiple major surgeries, etc.
Initial Offer From Insurance: $75,000
Final Settlement: $2,400,000
Date of Final Settlement: 2025
Attorney: Randall M. Justice

When a box truck failed to stop and crossed the highway in front of a pickup, it caused a horrible crash. Dale and Amy were left with serious – and life-threatening – injuries after a crash that wasn’t their fault. Amy contacted an attorney who had helped them with some business documents, and he recommended Randall Justice for their motor vehicle injury claim. Amy called us to set up a consultation with Randall.

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Distracted Driving
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Road Trip Turns Into A Serious Crash

Dale and Amy were traveling on a rural highway when a box truck didn’t stop for a stop sign and crossed right into their pickup. Dale had no time to stop, but he hit the brakes a split-second before crashing into the box truck at high speed. The force crushed Dale’s pickup and knocked the box truck on its side.

The crash happened right in front of a fire department and an ambulance station. The fire department and ambulance crews were able to quickly run out and help Dale and Amy. It took the fire department more than 20 minutes to cut Dale out of the pickup. Amy knew she had some broken bones, but was able to get herself out of the pickup. Both were transported to the hospital by ambulance.

Hospital Meeting

On the ambulance ride, Amy lost consciousness due to a serious head injury. Dale and Amy needed extensive testing and multiple emergency surgeries. They had so many injuries, it was incredible either of them survived. But, they weren’t out of the woods yet. Dale had some severe injuries. Doctors weren’t sure he would survive.

Randall first met Amy in the hospital. At this point, Dale still had not regained consciousness. Both Amy and Dale had a long list of injuries, and they were expected to be in the hospital for a long time. It was overwhelming, and Amy was upset. Randall listened to her concerns and helped her understand her options.

Crash Investigation

Our legal team immediately went to work investigating, tracking down, and gathering evidence. Police report. Witness statements. Crash investigation pictures. Any possible video of the crash. Gathering evidence takes time. It took months to track down and collect all the evidence related to this crash. Meanwhile, the box truck company’s insurance was already putting up a fight.

Insurance Fought Everything

Even though it seems like an open and shut case, insurance fought every detail. Maybe Dale was speeding? Was Dale under the influence? Did he even try to stop or avoid the crash? Dale and Amy owned and operated a business; how could they prove lost income? Was all their medical treatment necessary?

Evidence Proves The Case

We uncovered a LOT of evidence that helped Dale and Amy. Recorder evidence from both vehicles showed Dale was driving the speed limit and the box truck driver was speeding. Cell phone records showed the box truck driver was talking on his phone before and during the crash. We also collected video of the crash from a building on the corner.

The video clearly shows Dale’s pickup as the box truck pulls across at high speed without stopping. There was nothing Dale could have done to avoid the box truck. We had the evidence, but why did the box truck driver not stop at the stop sign?

Distracted Driving

The box truck driver was talking on his cell phone for a long time before the crash. He was talking to a coworker for directions, discussing jobs, and making plans for the weekend. The box truck driver was holding his phone up, lost, and operating a heavy vehicle while driving at excessive speeds. Simply put, the driver was too distracted to see the speed limit signs and stop signs.

Dale And Amy’s Injuries

Dale was in a coma for several days. He had a broken collar bone, broken ribs, fractured skull, spinal injury, broken arm, broken legs, and a traumatic brain injury. It was touch-and-go for the first few weeks, and doctors weren’t sure he would survive. It was more than a year before he could walk again.

Amy had similar injuries. She suffered a dislocated shoulder, broken arm, broken ribs, back injury, and a traumatic brain injury. Both Amy and Dale continue to struggle with ongoing pain, problems with memory, and concentration issues. Their lives have been forever changed because of this box truck driver’s distracted driving.

What About The Box Truck Driver?

What happened to the box truck driver? He gets off easy. The box truck driver suffered no injuries in the crash. He didn’t get in trouble at work. He didn’t miss any days at work or lose any income because of this crash. The police gave him a ticket for failing to stop at the stop sign and exceeding the speed limit. That’s about it. He was driving in a very dangerous and reckless manner that caused serious injuries to two people, and all he got was a ticket!

What About The Company?

In our investigation, we found the box truck driver’s employer was to blame for the driver’s behavior. The company wanted employees to take care of calls while driving between jobs. This policy led to the distracted driving that caused Dale and Amy’s injuries. A distracted driving crash was entirely foreseeable and preventable – if not for the negligence of the employer and employee.

The company had insurance to cover the damage to the box truck. It also had insurance to compensate Dale and Amy. But without a skilled injury attorney, Dale and Amy would not have recovered the money they needed to move forward with their lives. The insurance company put up a tough fight over that money, but our legal team was able to deliver justice for Dale and Amy.

Distracted Driver Injury Settlement

We were prepared to take Dale and Amy’s case to trial. One week before trial, the insurance company made efforts to settle the case. In the end, we were able to recover $2,400,000 for Dale and Amy without a jury trial. This money came from the company’s insurance coverage. We were even able to recover a little extra from Dale and Amy’s own uninsured/underinsured coverage. The money covers all the past medical expenses, lost income, and future medical treatments. It also gives them a little bit extra so they can be relatively comfortable in their remaining years.

Justice For Injured People

At Kane & Silverman, we help injured people. If you have been injured in a vehicle accident, contact us for a free legal consultation. We’ll help you understand your options. You never pay us anything unless we recover money for you.