The law firm of Kobs & Philley is happy to announce another successful resolution for the Plaintiffs in a case filed in Harrison County Circuit Court. In this case, Plaintiff, who was a passenger in the vehicle that was struck, was traveling Westbound on U.S. Highway 90 in Gulfport, Mississippi. Defendant, who was driving an 18-wheeler loaded with logs, was traveling behind the vehicle in which Plaintiff was a passenger and in the same direction. Abruptly, and without warning, as Plaintiff was sitting in the passenger seat of the vehicle and was stopped at the traffic signal at the intersection of U.S. Highway 90 and U.S. Highway 49, Defendant negligently slammed into the rear of the utility trailer pulled by the vehicle in which Plaintiff was a passenger. At the time of the collision, Defendant was in the course and scope of his employment with a logging company and in furtherance of its business. The force of the impact generated by the log truck striking the vehicle from the rear slammed Plaintiff’s head into the dashboard rendering him unconscious and forced a briefcase into his abdomen. When Plaintiff regained consciousness, he was in pain and vomited at the scene of the collision. Defendant stated to the investigating officer that he could not stop in time. The investigating officer noted as a contributing cause of the accident, that Defendant was “Following Too Closely.”
Because Defendant basically admitted liability for the car wreck, the issue in the case was the extent of Plaintiff’s damages. This was a “Low Speed Impact v. High Damages” type of case. Plaintiff did not dispute that the impact was not high speed. However, in anticipation of Defendant’s position that there is no way that he could have such extensive damages from such a low impact, counsel at Kobs & Philley, PLLC retained an epidemiologist, who opined:
There is no valid scientific basis from which to conclude that the types of injuries assessed in Plaintiff cannot or will not result from an up to 10 mph delta V rear impact collision. . . . There is no valid scientific basis from which to conclude that the types of injuries assessed in Plaintiff cannot or will not result from an up to 10 mph delta V rear impact collision. . . . As a result of the foregoing analysis, I find it more likely than not, from an epidemiologic and injury causation perspective, that Plaintiff’s post-collision injuries and subsequent need for treatment were causally related to the subject collision.
Because Plaintiff’s experts, along with his treating physicians, were able to demonstrate to a reasonable degree of medical certainty that Plaintiff’s injuries were the result of the low speed car wreck, Kobs and Philley was able to successfully negotiate an attractive settlement for Plaintiff.
Again, if you have been in a car wreck regardless of speed, you need to immediately seek treatment. Although you may feel fine physically after the impact, you could have suffered internal damages that manifest themselves at a later time. Waiting to seek treatment could be devastating to your recovery. Please see the Auto Accident Q&A section of our webpage for further information on car wrecks.