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    Car & Truck Accident Results


    PEDESTRIAN STRUCK WHILE CROSSING ROADWAY AT NIGHT

    Larry Wall settled a case for a minor child who was hit in a cross walk. A young boy approached a crosswalk signal on North Ridge Road in Wichita, Kansas. He pushed the button and waited for the light to turn red. He entered the cross walk with a green light when he was struck by a speeding driver. The driver was on her way to a Super Bowl Party. He received significant scaring, loss of teeth and developed a Post Traumatic Stress Syndrome. Larry Wall found an eye witness and secured a psychologist, a plastic surgeon and dentist to provide expert reports on the injuries and future medical and dental bills. Zachary’s therapist, opined that Zachary’s symptoms of nightmares, unpleasant thoughts, hyper vigilance, lack of interest in usual activities and social isolation, were a result of the trauma he experienced from being hit in a cross walk.Past medical bills of $22,071.48 were paid by his parents health insurance policy. Future medical bills were estimated to be $24,600.00. Larry Wall obtained a release from the parents health care insurer and settled the case for a large up front cash payment PLUS an annuity to be paid over Zachary’s life time. Larry Wall recovered enough to pay all future medical and dental bills plus enough money for four years of college tuition and room and board.

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    DELIVERY TRUCK REAR ENDS CAR CAUSING WHIPLASH INJURY

    Larry Wall represented a client struck in the rear by a delivery truck when she stopped for traffic. The driver of the delivery truck said she stopped suddenly and blamed her for the fact that she was rear ended. A check of the Kansas Drivers license for the delivery truck driver revealed his license had been suspended. The owner of the business that employed him was well aware of his bad driving record. The damage to the client’s vehicle was minor according to the insurance adjustor, The initial offer of $10,000.00 was rejected. Larry Wall fought the MIST defense. MIST is an acronym for (minor impact soft insurance adjustors to cheat injured auto accident victims of the true value of their claim. Larry Wall used a DVD produced by the Spine Research Institute of San Diego www.srisd.com to establish that the clients body position and direction of impact did cause a permanent injury to the ligaments and spine. The treating Doctor of Osteopathic provided a report and as a result the case settled for policy limits without the necessity of a lawsuit.

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    DRIVER INJURED IN A SIDE IMPACT COLLISION SUFFERS SIGNIFICANT NECK AND TAIL-BONE INJURY

    Tina Huntington represented a young man who was passing through the intersection of Waco & Kinkaid when his vehicle was violently struck on the drivers side by another vehicle who failed to yield right of way. As a result the collision, the client suffered persistent neck and tailbone pain. MRI’s revealed a slight loss of intervertebral disc height and bulging at C3-4, in addition to a bulging at C5-6. The claim was resolved without the necessity of suit for a substantial sum.

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    PREGNANT DRIVER INJURED IN A FAILURE TO YIELD RIGHT OF WAY / INTERSECTION COLLISION

    Tina Huntington represented a pregnant young woman who was traveling northbound on Southeast Boulevard in Wichita, Kansas approaching the intersection of Harry and Southeast Boulevard. As she entered the intersection on a green light, a pick-up traveling southbound on Southeast Boulevard (K-15) toward her suddenly and inexplicably attempted to make a left hand turn onto Harry Street. This negligent maneuver placed him directly in the path of my client. She tried to avoid the collision but was unable to stop in time. My client, five months pregnant and suffering from abdominal pain, as well as neck and low back pain, was transported to the emergency by EMS where she was evaluated and released. Although she was treated for continued back pain and headaches, treatment options were limited due to her pregnancy. Fortunately, she delivered a healthy baby, and was ultimately released from care. The claim was resolved without the necessity of suit.

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    DRIVER INJURED DURING REAR END COLLISION LOSES JOB DUE TO INABILITY TO PERFORM DUTIES

    Tina Huntington represented a young man who was traveling northbound. Another driver also northbound, was not paying attention to traffic, and slammed into the rear of client’s vehicle. The force of the impact caused the back of client’s vehicle to lift into the air before coming back down to the ground. An eyewitness, said the client’s vehicle was hit so hard that it looked like it was going to flip over. MRI of the client’s cervical spine, revealed straightening and even reversal of the normal lordotic curvature. Not surprising, a disc bulge was found at C6-7. During the course of his treatment, the client was placed on short-term disability and eventually was terminated from his job because he could not perform the required duties under his restrictions. The case was resolved for a substantial confidential amount prior to trial.

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    DRIVER SUFFERS A SEVERE EYE INJURY WHEN HIS SUN-VISOR STRIKES HIS EYE DURING A REAR END COLLISION

    Tina Huntington represented a middle aged gentleman who was rear ended while stopped at a red light by an inattentive driver traveling in excess of 30 miles per hour. The client suffered a corneal abrasion & hemorrhage, as well as a cervical/thoracic strain. The defendant turned out to be uninsured. A claim was made under the uninsured portion of our client’s policy. A reasonable resolution was reached without the necessity of filing a lawsuit.

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    WIFE AND MOTHER OF TWO KILLED WHEN A SPEEDING TRASH TRUCK FAILED TO YIELD RIGHT OF WAY CRASHING INTO HER DRIVER’S DOOR

    Larry Wall represented the husband and children of Pamela C. who was killed as she crossed the intersection of Broadacres and 6th Street in Hutchinson, Kansas. She was driving a GMC van and was en route to her home. She was killed when a speeding heavy duty trash truck crashed into her door. Larry Wall retained an expert in accident reconstruction. The driver of the speeding trash truck lied to the police investigators and claimed that Pamela C. ran the stop sign. The markings on the highway and the resting place of the vehicles after impact were analyzed by the expert and a computer recreation demonstrated that the trash truck driver’s version was not factually possible. It was discovered through surveillance of the driver that he routinely sped through the intersection after the crash. Armed with surveillance and an expert report the insurance company settled for a confidential amount. The two children and the widower were able to use the lump sum cash and lifetime annuity to rebuild their lives.

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    DRIVER INJURED IN REAR END COLLISION, DEFENSE ARGUED SHE HAD A PRE-EXISTING MEDICAL CONDITION

    Larry Wall represented a young lady that had been involved in a no injury accident three weeks before and who had also had three prior surgeries. The client was rear ended so the question of fault was clearly in our favor. However, the insurance company contended that the prior accident was the real cause of the client’s symptoms and that because she had a “bad back” before she was always going to have a bad back. The case was complicated by the fact that the client had a prior criminal record. Larry Wall obtained statements form all the prior surgeons that the “bad back” argument was not accurate. In fact, one of the surgeons advised that her back was actually stronger than most people her age. The insurance adjustor offered to settle for the policy limits when confronted with the surgeon’s opinion.

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    DRIVER AND PASSENGER INJURED WHEN A CAR CUT THROUGH A PARKING LOT TO AVOID A RED LIGHT

    Larry Wall represented both the passenger and driver of a van that was struck in the side by a driver of a car that cut through a parking lot to avoid a red light. It is sometimes difficult to represent both the driver and the passenger in a case. There are rules that concern these situations. They are ethical rules and they deal with conflicts of interest. Make sure that you have a law firm that understands and follows all conflict of interest rules. In this case the passenger had a history of medical seizures and was severely injured. The driver was slightly injured. The passenger and the driver signed a waiver of conflict agreement and Larry Wall represented them both and achieved a settlement for all damages and injuries. The driver and his passenger remained friends.

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    DRIVER SUFFERS NECK INJURY WHILE WAITING FOR TRAFFIC TO CLEAR TO MAKE A SAFE LEFT HAND TURN AND IS REAR ENDED BY ANOTHER VEHICLE

    Tina Huntington represented a middle aged gentleman who was rear ended while stopped in traffic with left turn signal on preparing to turn into a restaurant parking lot. The client suffered injury to his neck and back that led to severe headaches and numbness and tingling in his hands. He would eventually be diagnosed with cervicalgia with radiculopathy. The defendant initially attempted to claim my client did not have any break lights on. The carrier ultimately paid policy limits.

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    PASSENGER SEVERELY INJURED WHEN DRIVER FAILED TO YIELD TO STOP SIGN

    Tina Huntington represented a young mother who was the front seat passenger in a car driven by a co-worker on a lunch break. As the co-worker attempted to cross U.S. Highway 50, she was broadsided by a westbound vehicle. The car was catapulted into the field adjacent to the highway. Our client was pinned in the wreckage and had to be extricated from the car with Jaws of Life. She sustained significant internal trauma and massive life threatening injuries. The client was rushed to the emergency trauma center with significant blood loss. Once stabilized, she received intervention and treatment for four fractures to her pelvis, four broken ribs, a punctured lung, internal bleeding and removal of her spleen. Upon release from the hospital, she was transferred to a rehab hospital where she underwent rehabilitation to learn to walk again. The claim was resolved for policy limits. An additional claim was made by outside counsel for the client for worker’s compensation benefits. She was ultimately awarded benefits when it was found she was in the course of her employment as a traveling nurse.

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    DRIVER WHO HAD RECENTLY UNDERGONE NECK SURGERY RE-INJURED WHEN A VEHICLE NEGLIGENTLY BACKED OUT OF A PARKING STALL CAUSING A COLLISION

    Tina Huntington represented a young lady who was traveling in the parking lot of the Country Mart when she was struck by another driver attempting to back her vehicle out of a parking stall. The other driver stepped on the accelerator instead of the brake, rapidly backing out of the stall and colliding with the rear drivers side of my client’s vehicle. Upon impact, the client felt a “pop” followed by neck pain and numbness of the left side of her face, neck, left shoulder, arm and leg. A CT scan revealed displacement of her anterior cervical plating system and screws from a prior surgical repair. She stabilized and underwent surgery for removal of the displaced plate and insertion of a new cervical plate at C5, C6 and C7. The claim was resolved for policy limits in addition to a waiver for reimbursement for personal injury benefits (PIP) paid under the client’s personal policy.

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    BACK SEAT PASSENGER INJURED IN REAR END COLLISION AT STOP LIGHT

    Tina Huntington represented a young woman who was the restrained back seat passenger in a vehicle driven by her Mother-in-law. The Mother-in-law’s vehicle was stopped at an intersection of in Great Bend, Kansas. A second driver was also traveling directly behind. The defendant was busy talking to her passenger and did not realize the traffic in front of her had stopped. Her vehicle slammed into the rear of the Mother-in-law’s vehicle causing property damage and considerable injury to our client. She began to experience daily headaches was thought to have suffered a cervical strain. She would spend the next 18 months receiving chiropractic and physical therapy. The case was resolved prior to filing suit.

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    WRONGFUL DEATH CLAIM BROUGHT ON BEHALF OF CHILDREN OF A PASSENGER KILLED IN A SUBURBAN / TRAIN COLLISION AT A PRIVATE CROSSING

    Tina Huntington was co-counsel on a lawsuit brought against BNSF Railway Company and the driver of a suburban as a result of a truck-train collision in Cedar Point, KS. Both the driver and passenger of the suburban were killed upon impact. A claim was brought on behalf of the four minor children of the passenger of the suburban. The collision occurred at a private crossing with bucks signs erected by B.N.S.F. Railway Company. The case was resolved to the mutual satisfaction of the parties through mediation.

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