Catastrophic Consequences: How an 18-Wheeler Crash Changed Our Client’s Life
In October 2020, while waiting to check in at the Port of Orleans, our client, a truck driver from Louisiana, was struck when another 18-wheeler backed into the front of his tractor. Though the start of his day seemed routine, it turned into years of pain, discomfort, medical procedures, and uncertainty about his future. Broussard, David & Moroux’s personal injury attorney, Derek Aswell, advocated for our client and stood against the defense denying any liability.
After the crash, our client began experiencing severe low back pain radiating down his leg, which is a reoccurring sign that nerve damage is involved. He sought treatment from Dr. Marco Rodriguez, who ordered an MRI, and the results were devastating. Our client suffered herniated discs at L4-S1 with nerve root impingement that can cause pain, numbness, or weakness, which may extend through the arm or leg.
Dr. Rodriguez recommended lumbar steroid injections and radio frequency ablations to manage the pain. These treatments provided temporary relief; however, the pain returned. By October 2022, the situation worsened, and our client underwent an L5-S1 laminotomy and partial discectomy. For six months, things seemed to improve, but the pain eventually returned and was worse than before. Further testing revealed that the accident caused tears in the L4-S1 discs, leading to a recommendation for a two-level lumbar fusion.
Throughout all this, our client’s ability to provide for his family was significantly affected. At 44 years old, the plaintiff had successfully established his own trucking company prior to the accident. He drove cross-country while his wife acted as the dispatcher for their company. Even after the accident, he attempted to continue driving these long hauls across the country in tremendous pain. After two years, he had to completely stop driving, which was financially devastating for his family.
The defendants vigorously disputed liability and argued that the plaintiff failed to “mitigate damages” by refusing the recommended fusion surgery. The plaintiff successfully demonstrated that anxiety from complications under sedation played a major part in his delay of the surgical procedure. Additionally, the defendants challenged the valuation of the business and sought access to financial documents, which required multiple court hearings. They also attempted to undermine the recommended future medical treatment, which totaled $1,326,607 through retained experts.
Two weeks before trial, Derek Aswell settled the case for $3,750,000, a result that will help cover ongoing care and provide some measure of justice.