Major Settlement Reached in Rear-End Collision at Texas Refinery

At Broussard, David & Moroux, we are passionate about advocating for our hard-working clients. Our attorney, Derek Aswell, had the opportunity to stand up for a hardworking 33-year-old laborer and help him secure the financial support he needed for his recovery and life after the collision.

In September 2020, our client was operating a water truck at a petrochemical refinery in Port Arthur, Texas. While he was working, he was rear-ended by another subcontractor driving a Chevy 1500. Though the low- speed impact caused minimal property damage, the collision inflicted serious injuries to our client’s spine.

After seeing a doctor, it was determined that he had disk herniations at both the cervical (C5-6) and lumbar (L4-5). Our client underwent a lumbar hemilaminectomy, foraminotomy, and decompression surgery to relieve painful nerve symptoms.

The surgeons recommended our client undergo cervical fusion surgery, but after years of delaying the fusion, he decided against having the procedure. His total medical expenses were $88,868.39.

Before the accident, our client spent most of his career in physically demanding labor roles. Our client’s surgeon and pain management specialist limited him to light-duty work after the accident, which drastically limited his employment options and future earning potential.

Due to the relatively low speed of the collision and the size of the vehicles involved, the defense attempted to minimize the severity of the injuries sustained. They also argued that, under Texas law, their client was protected by a statutory employer immunity clause because of the refinery’s participation in an Owner Controlled Insurance Program (OCIP). Under courage of conviction and determination, Derek Aswell successfully challenged the filing, arguing that it was improper and should not prevent the case from moving forward. Just one week before trial, he was able to reach a settlement, resulting in our client receiving a total of $1,540,000.00.

It is important to note that even low-impact accidents can still cause catastrophic injuries, which insurance companies and employers might try to avoid taking responsibility for.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle life-altering and catastrophic injury claims and will fight to obtain full compensation for your injuries. If you, a friend, or a family member has been injured because of the fault of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (Local) or (888) 337-2323 (Toll-Free).