Ballin Law

Sedan rear ended by commercial truck.


According to the National Highway Traffic Safety Commission, rear-end car crashes are the most common type of car accident.  Richard L. Miller of our law firm was able to recover $315,000 for a client who was badly injured in a rear-end collision.

Shortly after 6:00 p.m. on a December evening Michael Cooper was driving on the highway near his home.  He was on the way to a local department store to pick up something that his wife had ordered.  He was caught in stop-and-go rush hour traffic that we all dislike.  That evening, the traffic was especially heavy due to a motor vehicle collision up ahead.  All of a sudden Mr. Cooper hears the unmistaken and chilling sound of screeching brakes behind him for long enough that he has time to check his rear-view mirror.  Before he can do anything else, his vehicle is struck at a high rate of speed by a large, commercial truck operated by Jim Rose, who was working at the time.  The next day when driving past the scene, Mr. Cooper saw a long line of tire marks left by Rose’s truck.

At the scene Rose is glued to his phone but does not admit to using it just before the crash.  The police are called, and Mr. Rose advises the responding state trooper that he was attempting to change lanes and diverted his attention from the traffic in front of him.  He told the trooper that when he re-focused on the traffic in front of him, he was unable to stop his truck in time, causing him to slam into Mr. Cooper’s vehicle.  In his report the trooper rightfully concludes that Rose is solely responsible for causing the collision.

The impact is so great that the rear of Mr. Cooper’s vehicle was crushed inward.  Both vehicles were undrivable and had to be towed from the scene. Unfortunately, the damage was so extensive to Mr. Cooper’s vehicle that it was totaled.  Having to deal with a wrecked vehicle and the search and purchase of a new one would be aggravating for anyone, but it is compounded immensely when you also suffer a serious injury.

The force of the collision caused Mr. Cooper to sustain what turned out to be a serious back injury.  The following morning, he goes to the emergency room at a local hospital where he is examined, X-rayed and discharged with instructions to follow up with his primary doctor.  He sees his doctor a few times, and is referred for an MRI, which reveals damage to multiple discs in his lower back.  He attends physical therapy and has an injection that reduces his symptoms for a while.  He consults with a neurosurgeon, and surgery is discussed, but Mr. Cooper wants to avoid that if possible.  Over the next year he attempts to manage his injury on his own and attends additional physical therapy which does not help.  As the pain and other symptoms increase, the quality of his life decreases.  He agrees to surgery as a last resort, which he has over a year and a half after the crash.

After surgery Mr. Cooper is out of work for over three months while he recovers and attends physical therapy.  His surgeon clears him to return to work at his job which is physically demanding, but with some lifting restrictions.  Over the next couple of months his two-hour round-trip commute to work exacerbates his symptoms and hinders his recovery, which makes continuing in his job very difficult.  His employer lets him go, and he faces an uncertain future for him and his family, but through perseverance after a few months he finds another job at similar pay with the benefit of being much closer to home.

Once Mr. Cooper found his new job, I presented his case to the company that handles these claims for Mr. Rose’s employer.  After a very brief period of negotiations, we settled Mr. Cooper’s claim for $315,000.00, a result with which he was very pleased.

If you have been injured in a motor vehicle crash, contact one of our experienced Massachusetts personal injury lawyers. We handle cases on a contingent fee basis, which means no money is owed unless we are successful in collecting money compensation on the case. Contact us now for a free and confidential consultation. 

In order to protect the privacy of the injured person, all names have been changed.  Any resemblance to the names of real persons, past or present, is merely coincidental and not intended.

Richard L. Miller, Esq.
Richard L. Miller, Esq.

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