This was a case where our client was a truck driver stopped on one side of train tracks in Fresno, California, and was hit head on by another truck traveling in the opposite direction across the train tracks. The latter tractor trailer’s driver failed to observe the train coming. He drove his 18 wheeler into the path of the train, and the trailer ended up getting.
As a result of the train hitting the trailer, his entire semi truck was propelled forward, which caused a head-on collision with our client’s truck. There was a dispute as to whether it was the train company’s fault or if the accident was caused by the driver’s failure to see the train in time. The other issue the defense mounted during the trial was that, even if the negligent tractor trailer driver was at fault for causing the accident, our client’s injury was not related to this accident. According to the defense:
“He happened to be sitting in the truck and our truck was propelled forward. That said, there was not much property damage. It wasn’t enough force to cause the injury he claimed. A loss of income is not due to the accident as he could have gone back to work.”
Insurance Company Arguments
The insurance company argued that the truck driver’s back injury was due to pre-existing trauma due to driving a big rig for years. This is something very common with insurance companies. They often take a position to avoid paying damages while accepting liability since the insurers do not want to be responsible for causing the injury. With the proper experts, David Azizi was able to prove that the client’s injuries were due to the accident as opposed to how the defense was saying that it was not.
This case was in Fresno, California, which is a very conservative jurisdiction. The verdicts in Fresno are usually not as high. Luckily, David was able to convince the jury that this accident did cause his back injuries. We recovered $1,339,737 for our client. If you want a law firm that has the resources and staff to help you receive maximum compensation, please reach out to the Law Offices of David Azizi.
David Azizi Is Here to Help You
When looking for more information on all of our areas of practice, including our truck accident legal team, make certain to use our main Los Angeles personal injury lawyer page. The main page is consistently updated, so potential clients know what services and types of consultation we offer. Remember, you can reach us at 800-991-5292 24-hours a day. We offer a free case consultation ,and you never pay a thing until you win. If you cannot come to us, we are available to come to the hospital or your home.
*All personal injury cases are different. Please contact the Law Offices of David Azizi to better understand the amount that can be recovered for your injury or car accident involving a large commercial vehicle.