Septic tank driver injured in crash settles claim for $650K

A septic tank truck driver who was injured after he was rear-ended by the driver of a logging truck has confidentially settled a claim against the at-fault driver and his employer for $650,000, his attorneys report.

Shawn Howard of Maginnis Howard in Raleigh and Andrew Cioffi of Raleigh report that their client had slowed down for traffic ahead of him in December 2016 when the logging truck driver, who was traveling between 15 to 25 mph, rear-ended him. The force of the whiplash was strong enough that the client’s head crashed through the glass window behind his seat, causing a concussion. Since then, the client has sustained injuries to his spine and experienced memory and cognitive declines, mood disorders, anxiety, vertigo and headaches.

The defendants claimed that the plaintiff had slammed on his brakes, but Howard said that the logging truck driver had been following too closely and had long been unfamiliar with proper following distances and been “using his own full of thumb.” Howard said that the logging truck owner had violated multiple federal and state regulations and industry standards regarding the driver’s hiring and training. 

The client now experiences “significant difficulty” in his everyday life, limiting his activities with his church, and suffers neck and back pain due to multiple non-surgical disc injuries in his cervical and lumbar spine, Howard said.

Howard said one major obstacle in settling the claim was the fact that the client’s own neuropsychologist testified that there was no evidence that any of the client’s cognitive decline was due to the wreck. The attorneys contended that other symptoms the client was experiencing, even if not related to a brain injury, were still related to the pain, lack of sleep, and medication stemming from the spinal injuries.

Due to a confidentiality agreement, other details about the case, including the name of the defendants and their attorneys, were unavailable.

SETTLEMENT REPORT — MOTOR VEHICLE CRASH

Amount: $650,000

Injuries alleged: Spinal injuries and concussion leading to mood disorder, anxiety, and cognitive decline

Case name: Confidential 

Date of settlement: November 2020 

Attorneys for plaintiff: Shawn Howard of Maginnis Howard in Raleigh and Andrew Cioffi of Raleigh 

Attorneys for defendant: Withheld