Automobile Accident Resulting in low back injury

Description:

26 year old male involved in a "rear-end collision" diagnosed with a low back injury, ultimately had a surgical procedure of a left-sided L5-S1 discectomy. Pre-suit negotiations were not productive with the at fault driver's insurance company. We filed suit and immediately took the deposition of the defendant driver, who testified the damage to his vehicle was minimal and mostly cosmetic. The defendant driver denied fault for the crash, refusing to accept any responsibility for the crash, simply stating "accidents happen!" Using such words "accidents" by the defense are terms of art – attempting to minimize a crash; and the defense uses such words to avoid being held "accountable" and to have sympathy. By Florida law, when a defendant runs into the rear of another vehicle while stopped for a traffic light or at an intersection, there is a "presumption of negligence" the defendant was at fault. Absent any explanation by the driver approaching the vehicle, the crash victim is entitled to a full and complete recovery for all damages. The rebuttable presumption of negligence is not just a mere inference – and the presumption is well known in Florida. The case settled shortly after the defendant's deposition. Had the case gone to trial, most judges would have granted a directed verdict of fault or liability against the defendant; and, the only questions for the jury would have been the amount of damages caused by the crash.

Our client himself had an automobile insurance agreement with underinsured motorist coverage; and, his own insurance carrier tendered such limits immediately upon receipt of our comprehensive demand, increasing the ultimate recovery; yet, another reminder of the importance of having underinsured motorist coverage in your own policy.