OUTCOME: Confidential EIGHT FIGURE PLUS Settlement at Mediation
Derryberry Zips Wade, PLLC is pleased to announce that it obtained a confidential EIGHT FIGURE PLUS settlement against a trucking company and its driver for injuries sustained by six (6) of its clients..., including an 8-year old child who sustained a severe traumatic brain injury (“TBI”), after being rear-ended by the 18 wheeler driver on IH-30 near Dallas, Texas.
We successfully negotiated a $780,000.00 settlement with the at fault driver and the underinsurance company, St. Paul Fire & Marine Insurance Company (“St. Paul”), that was insuring our client’s compan...y vehicle that she was driving on the date of the crash. Our client was driving a full size company pick-up and was rear-ended on IH 20 East in March 5, 2018 while driving back to her office. The driver of the vehicle that hit her was issued a citation for failure to control his speed. Our client had a two level fusion in her neck in April, 2019 performed by her treating neurosurgeon. The at fault driver’s insurance company paid its $30,000.00 limits and St. Paul paid an additional $750,000.00 to our client. After payment of attorneys’ fees ($273,875.00), expenses ($1,522.96) and paying back her medical providers ($154,926.04), our client received $352,176.00.
Trucking accident
Commercial Vehicle Wreck-Flat Bed Truck- No Turn Signal-Improper Wide Right Turn-Negligence-Personal Injury
May 06, 2019
OUTCOME: Settled by Mediator's Proposal Being Accepted by the Parties
We successfully negotiated a $350,000 settlement for our client with a lumber company where its commercial motor vehicle driver negligently attempted to make a wide right turn and slammed into our clie...nt’s vehicle. Our client was following him on a two lane road and he swung out into the oncoming lane of traffic so he could make a wide right turn into a driveway. Our client never moved out of her lane and the lumber company driver turned directly into the driver’s side of the vehicle. Our client’s dash cam captured the entire event. Additionally, the Defendant driver was not provided any training to operate this large flat-bed truck and had been cited several times for speeding in his personal vehicle during his 10 years of employment by the lumber company. After the crash, the driver was not provided any remedial driver training of any type by the company. And, his driving privileges were not suspended or altered by the company in any manner after his speeding tickets or after this crash. Our client sustained an injury to her lower back and was required to undergo a lumbar decompression surgery. After payment of attorneys’ fees ($140,000.00), expenses and loans ($48,145.96) and paying back her medical providers ($59,297.50, the client received $102,556.54.
Car accident
UM/UIM-Failure to Control Speed-Rear End Crash- Negligence-Lower Back Surgery-Personal Injury
May 02, 2019
OUTCOME: Confidential Settlement by Mediator's Proposal after Mediation
We successfully negotiated a high six figure confidential settlement for our client on an underinsurance motorist claim that resulted from a violent rear end crash. Our client was a front seat passen...ger in a pick-up truck that was rear ended by a large pick-up truck. The at-fault driver had only $50,000.00 in insurance and that was tendered to our client upon our demand. Fault for the crash was not contested but our client’s damages were contested. Our client had a stem cell surgery as well as a posterior lumbar interbody fusion surgery. We filed suit against the insurance company and litigated the case. The case was resolved after mediation and before trial.
We successfully negotiated a $1,100,000.00 settlement for our clients who were rear ended by a drunk driver operating a company vehicle. The driver had previous convictions for DWI in 1985 and 2010. H...is employer never disciplined him, including never suspending his driving privileges, prior to our crash. The driver, Teodoro Ortega, lied to the Tyler police officers who investigated the crash and told them he had consumed 1 beer while driving. His BAC was tested and revealed a .176, which is more than 2 times the legal limit. One of our clients was required to undergo a 3 level fusion in his neck. Our other client was advised she needed surgery but had not undergone surgery at the time the case was resolved at mediation. After payment of attorneys’ fees ($360,000.00), expenses ($14,364.73) and paying back his medical providers ($107,044.22), one of our clients received $410,686.05. Our other client received $94,328.02 after payment of attorneys’ fees ($80,000.00), expenses ($14,364.73) and paying back her medical providers ($11,307.25).
OUTCOME: Confidential Settlement by Mediator's Proposal after Mediation
We successfully negotiated a confidential settlement in excess of seven figures for our clients. This was a violent rear end crash where the passenger was killed. The driver, who was the wife of the d...eceased passenger, sustained injuries requiring surgery. The driver of the truck that rear ended our clients had his cruise set on 69 mph when he took his eyes off the road to look for an item in his truck. Additionally, his phone records established that he was on his phone at the time of the crash. The investigating DPS trooper placed all blame on the at fault truck driver for the violent and deadly crash.
Trucking accident
Type of Case: Commercial Vehicle Wreck-Box Truck-Improper Lane Change-Negligence-Personal Injury
Oct 26, 2018
OUTCOME: Confidential Settlement by Mediator's Proposal after Mediation
We successfully negotiated a confidential high six figure settlement for our client with a Minnesota company where its commercial motor vehicle driver negligently attempted to make a lane change and vi...olently slammed into our client who was traveling in the lane next to him. The Defendant driver vehemently denied fault for the crash but his testimony was not credible given the investigating trooper’s conclusions in the crash report. Additionally, based on the damage to the box truck and our client’s vehicle, the crash could not have occurred as the Defendant driver swore it occurred. Our client sustained injuries to his neck and lower back and was required to undergo two (2) surgeries, one (1) on his neck and one (1) on his lower back.
Trucking accident
Commercial Vehicle Wreck-Box Truck- Rear End Crash-Negligence-Personal Injury
Oct 19, 2018
OUTCOME: Confidential Settlement by Mediator's Proposal after Mediation
We successfully negotiated a confidential high six figure settlement for our client with an air conditioning company where its commercial motor vehicle driver negligently slammed into the rear of our c...lient’s vehicle while she was attempting to make a left turn. The Defendant driver was not provided any training to operate this large vehicle and had been involved in a prior roll over wreck in which he was driving and his boss/owner of the company was a passenger. After the roll over crash, the driver was not provided any remedial driver training of any type by the company. And, his driving privileges were not suspended or altered by the company in any manner after the roll over crash or our crash. Our client sustained injuries to her neck and lower back and was required to undergo two (2) surgeries, one (1) on her neck and one (1) on her lower back.
Trucking accident
Type of Case: Commercial Vehicle Wreck-18 Wheeler-Negligence-Personal Injury-Neck Surgery and Post Traumatic Stress Disorder
Sep 15, 2018
OUTCOME: Confidential Settlement by Mediator's Proposal after Mediation
We successfully negotiated a confidential settlement in excess of seven figures for our client who was involved in a crash when another 18-wheeler driver crossed the center line and caused a violent cr...ash in our client’s lane which resulted in our client sustaining significant injuries, harms and losses. The driver of the commercial motor vehicle that caused the crash died in the crash. We established that the deceased driver was woefully underqualified to operate the commercial motor vehicle he was operating on the date of the wreck. He had numerous other preventable crashes as determined by his prior employers and had job hopped for several years before the crash. His driving record established that he was inadequately trained and should not have been operating the commercial motor vehicle at the time of the crash. The investigating DPS trooper placed all blame on the deceased driver for the violent and deadly crash. Our client sustained injuries requiring him to undergo surgery on his neck (a fusion) and has been unable to return to work as a truck driver because of the violent nature of the crash. After payment of fees, doctor bills and expenses, our client received in excess of seven figures.
Trucking accident
Type of Case: Commercial Wreck-18 Wheeler Hit Plaintiff’s Tractor Trailer While Driver Asleep-Neck Surgery
May 10, 2018
OUTCOME: Settled for a Confidential Amount at Mediation
We successfully negotiated a high six-figure confidential settlement with a trucking company and its driver for our client. The tractor and trailer violently crashed into our client’s tractor trailer ...while our client was parked and asleep in his sleeper berth. Our client had to have a pain pump implanted to attempt to control his neck pain.
