Truck Accident Compensation Case Studies
George was involved in an unusual motor vehicle accident when he removed a piece of timber, which was chocked up against a wheel of a truck parked on an incline, and upon doing so the truck rolled down. George got caught behind the truck and was crushed against a tree. He sustained numerous fractures to his hips, legs and ankle. He also developed a psychological injury.
As a result of his orthopaedic and psychological injuries George was unable to return to work.
The insurer alleged that the accident was George’s fault and denied liability.
Proceedings were commenced on George’s behalf, however the matter settled very reasonably, with an allowance for past and future economic loss, future treatment, past and future care and for George’s “pain and suffering”.
COMPANY DIRECTOR KILLED BY STREET SWEEPER
This was a very unusual and difficult claim
SU’s partner, a very high achieving director of a dance company, was killed late one night in an inner Sydney suburb by a street sweeper as she was crossing the road. There were no witnesses and the driver of the street sweeper was not charged with any driving offence.
SU made a claim for nervous shock and loss of financial dependency.
The insurer denied liability on the basis that there was no evidence that the driver did anything wrong.
The claim was litigated and was very satisfactorily settled, on a compromise basis, at a court ordered mediation.
ELITE ATHLETE INJURED IN BIKE ACCIDENT
Our client was an elite athlete and was training for triathlons.
During a bicycle training session, when she and a group of other riders were riding in the breakdown lane of the M4 a truck veered into the breakdown lane and struck a number of the cyclists, including our client. Our client’s coach and mentor tragically was killed in the accident.
Our client suffered a number of orthopaedic injuries. However her main injury was a mild insult to her brain, which has affected her memory, concentration and ability to learn. She has also suffered adverse psychological consequences because of the trauma.
The insurer admitted liability. After settlement negotiations with the insurer our client’s claim was settled for a significant sum.
CYCING GROUP HIT BY TRUCK
RA was injured whilst riding with a group of cyclists when he and others were hit by a truck which had crossed into their lane. Tragically one of the elite riders in the group was killed.
RA made a reasonable recovery from his physical and psychological injuries and returned to his pre accident employment but he missed some opportunities for promotion. As a result it was argued he will always be lagging behind what he would have achieved had he not been injured.
His case was settled at an informal settlement conference.
MAJOR TRUCK ACCIDENT
GM is 54 years of age. He was driving his truck for work when the driver of a Ford motor vehicle with 5 occupants, travelling in the opposite direction, crossed into his lane and the vehicles collided.
Tragically, 3 of the occupants of the Ford vehicle were killed. The driver sustained catastrophic brain damage and is now in a vegetive state. The accident was caused by the other driver.
GM sustained serious orthopaedic injuries, but more significantly he developed significant psychiatric injures.
Because of his psychiatric injuries he will never drive a truck. His claim was settled for a considerable sum.
Rachael, 18 years, was driving to her place of work when a ladder fell from a truck in front of her causing her to instinctively swerve to her right which result in a head-on collision with a car coming in the opposite direction.
She suffered a severe brain injury which left her in a coma for several weeks. Fortunately, she made a miraculous recovery and was discharged to her family home where she required only minimal care. She later became independent.
She was able to return to her work as a shop assistant on a part-time basis. She continued to have some difficulties with fatigue and short term memory.
The Third Party insurer, whilst admitting that the driver of the truck was at fault, alleged that she contributed to the accident for not having kept a proper lookout and failing to exercise proper care. The matter was settled out of court for a sizable amount, with no discount for contributory negligence.
TEEN’S CAREER HOPES DASHED
We acted for Simon, aged 19, who suffered a burst fracture to his lumbar spine when the car in which he was travelling as a front seat passenger on the main street in Gosford turned right, directly into the path of a truck.
At the time of the accident Simon was studying for a degree in Oral Hygiene and intended to become a dentist. Unfortunately his injuries will now prevent him from ever being able to work as a dentist.
In a quest to find a new career path he joined the NSW Police Force and was due to commence his training in late 2010. He had ambitions of being transferred to the Australian Federal Police and specialising in the detection of computer fraud. The insurance company admitted liability and the claim was settled for a significant sum at an informal settlement conference.
MOTORCYCLIST HIT BY TRUCK
AB was injured when the motorcycle he was riding on a winding narrow country road struck the rear wheel of a prime mover coming around a tight corner in the opposite direction.
The insurer denied liability on the basis that the truck driver could not keep the rear wheels of the prime mover on their correct side of the road because the road was too narrow and the bend was too tight. It also alleged the motorcycle was going too fast for the conditions.
The case went to court but was satisfactorily settled just before the hearing.
Clive aged 36 sustained injury to his ankle when he was struck by an excavator on a work site. The defendant denied liability and proceedings were commenced in the Supreme Court of NSW. The parties participated in an informal settlement conference and the matter was settled out of court with the client receiving a very substantial sum