$1,875,000 Settlement for Driver Rear-Ended by Large Mack Truck

Our client, a 52-year-old truck operator from the Bronx, was driving along the Brooklyn-Queens Expressway when he was rear-ended by a Mack oil truck. Both the truck he was driving and the Mack truck weighed over 10,000 pounds, and the force of the collision was so great that our client thought there was an explosion behind him. He was taken to the hospital, and after multiple diagnostic tests, it was determined that he suffered serious spinal injuries as a result of the crash. After more conservative methods failed to relieve his pain, our client ultimately required anterior discectomy with fusion (ACDF) at the C6/C7 level. Represented by the Law Firm of Block O'Toole & Murphy, he received a $1,875,000 settlement.

Court and County
Supreme Court, Bronx County

Plaintiff Description
Our client was a 52-year-old truck driver, who was married with children and lived in the Bronx

Description of Case
The accident occurred when our client was driving a dump truck on the Brooklyn-Queens Expressway toward a construction site in the normal course of his employment. As he began to slow down for traffic ahead of his truck, he was rear-ended by the defendant Mack truck.

Both trucks weighed over 10,000 pounds, and the force of the impact was so severe that our client thought there had been an explosion behind him. After the accident occurred, the driver of the Defendant oil truck got out and came towards him, telling him to get away from the scene of the crash because his truck was carrying oil and could potentially explode. Both drivers had to be taken to Elmhurst hospital as a result of injuries they suffered in the collision.

We made a motion for summary judgment and won, persuading the Court that the collision was 100% the fault of the defendant as a matter of law.

Injuries/Damages
Our client was transported to the hospital with complaints of pain in his head and left shoulder. Numerous diagnostic tests were performed, and our client was ultimately diagnosed with the following injuries:

  • Straightening of normal cervical lordosis
  • Moderate multi-level spondylosis, most prominent at the C6/7 spinal disc
  • Herniated discs at C3/4, C4/5, and C6/7, with the herniation at C6/7 being the most severe
  • Bulging discs at L4/5 and L5/S1
  • Straightening of normal lordotic curvature

After medication and physical therapy failed to relieve his pain, he underwent a neck surgery that consisted of anterior discectomy with fusion at the C6/C7 level of his cervical spine.

We claimed damages for pain and suffering, medical expenses and lost earnings, although the Defendants maintained that our client would not suffer any complications from his injuries or surgeries which would prevent him from returning to his employment as a truck driver.

Settlement/Verdict Amount
Following intense settlement negotiations and 2 private mediations, we were able to settle this case prior to trial for $1,875,000.

Handling Attorneys
This case was handled by firm Partners Stephen J. Murphy and David L. Scher