Pickup Truck Accident

I represented a client who suffered a traumatic injury after being ejected from the back of a moving pickup truck. The incident resulted in a fractured femur and significant medical treatment.

Despite complicated questions surrounding fault and liability, I successfully obtained the maximum policy limits available for the client, ensuring he had the financial support necessary for recovery.

The Allegation or Conflict

The client was a passenger in the bed of a pickup truck when the driver made a sudden maneuver, causing him to be thrown from the vehicle.

The insurer initially pushed back on liability, citing comparative fault and the inherent risks of riding in the back of a truck. They argued the client had assumed the risk or contributed to his injuries by choosing to ride in that position.

Legal Risk / Stakes

The primary risk was the potential denial or reduction of compensation due to liability defenses. The insurance carrier aimed to minimize its payout by attributing fault to the client, which could have significantly reduced the recovery or even barred it entirely under certain comparative fault laws.

With mounting medical expenses and long-term physical impacts from the femur fracture, the financial stakes for the client were substantial.

Legal Strategy

We focused on establishing the negligence of the driver and countering the insurer’s arguments of assumed risk. Witness statements and accident reconstruction helped demonstrate that the driver acted recklessly, and the client was not fully aware of or consenting to the risks involved.

We also emphasized the severity and permanence of the injury, presenting clear and compelling documentation of the client’s medical treatment, prognosis, and ongoing limitations.

Outcome

The insurer ultimately agreed to tender the full amount of the available policy limits. This allowed the client to cover his medical expenses, ongoing rehabilitation, and other losses resulting from the incident.

Key Factors in Winning the Case

• Medical Documentation: Comprehensive records supported the seriousness of the injury and the long-term impact on the client’s life.
• Shift in Liability Focus: We reframed the narrative to highlight the driver’s actions rather than the client’s decision to ride in the truck bed.
• Aggressive Advocacy: Timely demands, strong negotiation pressure, and readiness to litigate pushed the insurer to settle for the maximum amount.

Attorney’s Note

This case is a reminder that even in situations with unclear or shared fault, a determined and strategic legal approach can lead to a full recovery.

Our client suffered a life-altering injury—and I was proud to make sure the insurance company honored its full obligations.