On an early December morning, Stephanie was heading to drop her children off at daycare on her way to work as an elementary school teacher. Stephanie’s young son, Jack, was buckled into his car seat in the rear of her Chevrolet Tahoe. As Stephanie approached the intersection of Highway 90 and LA 306 (Bayou Gauche Rd.), she stopped for the red light. As the light turned green and the intersection was clear, Stephanie proceeded to turn right onto Highway 90 towards Paradis – as she had done countless times before without incident. As she entered the intersection this time…
Bam!
An 18-wheeler with trailer loaded down with sugar plowed straight into her Tahoe, tossing around her and Jack. All she remembers is spinning and then looking up at the sky.
Stephanie could only worry about Jack who was still strapped into his car seat, crying. She was unable to exit the Tahoe as the driver’s side was mangled as her Tahoe had slid down the steep side of a drainage ditch and she was in immense pain herself.
As first responders arrived at the scene, Stephanie kept shouting for them to check on Jack first. But first, responders had to reposition the vehicle to obtain access to both passengers.
At the scene, the driver of the 18-wheeler admitted to the investigating Louisiana State Trooper he saw the light turn red, but did not believe he would not have time to stop so he hit his horn and barreled through the intersection. The trooper gave the driver a citation for failure to observe traffic signals in violation of La R.S. 32:232.
Injuries from the Crash
Stephanie’s husband arrived at the scene and immediately brought her and Jack straight to the St. Charles Parish Hospital Emergency Room. When they arrived, Stephanie was in significant pain and having headaches, but she was more concerned about Jack. Jack had stopped crying but Stephanie could not help but worry.
The doctor took X-rays of Jack’s neck and shoulders, and they were negative. Stephanie complained of whiplash-like injuries along with a headache. A CT scan of her head was ordered, and an x-ray was taken of her neck and back.
Stephanie was given a prescription for pain medicine, ordered to stay off her feet, and told to follow up with her family doctor. The doctor advised Stephanie to keep an eye of Jack and follow up with his pediatrician if he started complaining of pain.
Stephanie’s primary doctor confirmed her injuries from the crash and ordered physical therapy along with massage therapy, rest, and no work through the holidays. Stephanie returned to teaching after the holiday break but noticed she was fatigued and had a limited range of motion in her upper back and shoulders.
Over time, and with physical and massage therapy, Stephanie returned to her pre-crash condition. All told – Stephanie had almost 40 therapy visits over the course of the next five months with a follow-up visit eight months post-crash.
Liability for 18-Wheeler Collision at Traffic Signal
18-wheeler drivers on Louisiana roads and highways are obligated to obey traffic signals and drive as a reasonably prudent person. By admitting to running a red light, the driver admitted he was at fault for the crash. The driver was cited with violations of Louisiana law including careless operation of a vehicle, La R.S. 32:58.
In many vehicle crashes, one driver’s negligence under La Civil Code art. 2315 is also at issue. This code article states any person causing damage to another is responsible for payment of those damages. In Stephanie’s case, the driver of the 18-wheeler admitted he was driving carelessly and disobeyed the traffic signal. The driver’s negligence was admitted and thus he and his insurance were responsible for payment.
However, the insurance company was denying liability. Stephanie realized she needed the help of a Louisiana truck accident lawyer.
The LJBLegal team wasted no time in gathering evidence to support Stephanie’s injury claim. We obtained the police report and statements from Stephanie. We obtained her medical records from the hospital and her therapy records.
The driver and his insurance company were placed on notice. While the insurance company initially denied liability, after presentation of the facts supporting the trooper’s assessment including their own insured’s statement to the investigating officer, liability was accepted.
The evidence proved Stephanie and Jack were injured through no fault of their own, and the driver was clearly liable for their damages. Neither Stephanie nor Jack has any pre-existing injuries of note.
Insurance Negotiations and Settlement
During negotiations, our team prepared a detailed demand letter to the insurance company highlighting the liability of their insured, the immediate medical treatment, and consistent therapy following the crash. Our team also established the need for future care under these circumstances (whiplash) and the traumatic experiences of young Jack – he’s still scared of 18-wheelers and doesn’t even like to get them to blow their horns like most kids do.
In light of this – we were able to negotiate a significant six-figure settlement for Stephanie and Jack.
Of note – neither Stephanie nor Jack required surgery or injections following the crash, and doctors placed both at maximum medical improvement at the time of settlement. Neither had any torn muscles or herniated or bulging discs and both had no complaints of ongoing pain.
Important Points About 18-Wheeler Claims
- Always seek medical attention immediately after a crash to connect your injuries to the incident.
- Establish liability with evidence including witness statements as early as possible.
- Ensure any future pain and suffering is documented and discussed with medical providers.
- A St. Charles parish injury lawyer can help you get fair compensation for serious injuries.
*Names and some details changed to protect confidentiality.
