Chicago truck accident lawyer Gary Annes has settled a case for a driver that was injured in a February, 2011 collision. In this case it was a trucker who was injured due to the actions of a negligent driver.
Our client was driving a semi-tractor-trailer northbound on I-94 in the third lane of traffic in Kenosha County, Wisconsin. The at-fault driver was operating a 1997 Oldsmobile Regency northbound on I-94 in the first lane of traffic. A third vehicle was driving northbound in the second lane of traffic.
At that time the defendant lost control of his vehicle and struck the vehicle in the second lane of traffic. This impact caused this vehicle to spin out and strike the plaintiff’s truck with a heavy impact.
The investigating deputy from the Kenosha County Sheriff’s Department determined that the Oldsmobile driver was speeding-driving too fast for conditions and further failed to maintain control of his vehicle. The deputy also found that the defendant was uninsured.
It was clear from the undisputed facts that the sole proximate cause of the truck vs. car accident was the negligence of the uninsured driver.
The truck driver had an immediate onset of severe head, back and right shoulder pain. Shortly after the collision he developed right hip pain and right ankle pain. He was taken by ambulance from the scene of the incident to St. Catherine’s Hospital’s Emergency Department.
Upon arrival at the Emergency Department a history was taken, he was examined and diagnostic tests were performed. The truck driver complained of severe head, back and right shoulder pain, as well as pain in his right hip and right ankle and pain with turning his head. X-rays showed separation of the acromioclavicular joint with the clavicle overriding the acromion in the right shoulder. His right arm was placed in a sling, he was given pain medication and muscle relaxants, told to stay off work and instructed to seek follow up care from an orthopedic surgeon.
Over the next couple of days the client’s pain worsened, especially in his right shoulder. He followed up with a medical doctor on February 23, 2011. There he complained of severe right shoulder pain with some low back pain as well. An initial conservative course of treatment was recommended. He was instructed to keep his arm in the sling, prescribed pain medication, stay off work and to seek follow up care.
On March 3, 2011 the trucker sought follow up treatment from an orthopedic surgeon. His most significant complaint was of right shoulder pain, loss of range of motion and loss of strength. The surgeon initially diagnosed him with a right shoulder Grade I acromioclavicular strain, prescribed a course of physical therapy and kept him off work.
Despite his compliance with the course of physical therapy he had no improvement in his shoulder. Based upon updated diagnostic testing the surgeon determined that the plaintiff may have torn and stretched the ligaments of his shoulder. He prescribed new medication and a course of occupational therapy.
Again, despite the truck driver’s compliance with the prescribed therapy he had no improvement in his shoulder pain. He went to see his primary care physician. He complained of right shoulder pain and head pain since the collision. His doctor instructed him to obtain a right shoulder MRI and head CT. There was a slight abnormality with the head CT and a brain MRI was ordered.
Following the head CT our client was seen by neurological surgeon on April 18, 2011. The doctor determined that the complaints of head pain were as a result of a concussion suffered in the motor vehicle collision.
The MRI revealed impingement in the shoulder. His orthopedic surgeon performed an injection of lidocaine into the shoulder on April 21, 2011. While there was some immediate pain relief, it only lasted a few days. The surgeon sent him for another course of therapy.
The orthopedic performed a second shoulder injection on June 16, 2011. Our client received limited relief from his shoulder pain with this second injection. The physician continued the plaintiff’s medication and instructed him on a home exercise program. He diligently performed the recommended course of home exercises.
He last treated with his surgeon on September 26, 2011. He had been continuing with his home exercise program and his shoulder was improved with better range of motion. He was cleared to return to work and discharged.
From the date of the collision and throughout the course of his treatment our client suffered as a result of the uninsured motorist’s negligence in his injuries affected just about every aspect of his daily life.
For a period of time he was unable to use his right arm for any activity whatsoever. It is important to note that the plaintiff is right hand dominant. Even after the injections and completion of therapy he continued to suffer from pain and limitations in his right shoulder and arm.
All activities of daily living were affected by his injuries. Even usually simple tasks such as personal hygiene, getting dressed, driving, shopping or even turning a doorknob were very difficult and painful for a period of time. The pain and discomfort made it impossible for him to sleep through the night. He would have difficulty falling asleep and his pain would wake him several times each night.
The truck driver was a very physically active person and these types of activities were greatly affected. Specifically, he was unable to do yard work, housekeeping, care for his children or really engage in any activity that required lifting or reaching for a period of time due to his injuries. These were all activities that he regularly participated in and enjoyed prior to the incident.
The case is settling for the limits of our client’s uninsured motorist insurance policy of $50,000, plus the payment of just over $30,000 in medical bills and $20,000 in lost wages.
If you have been hurt in a collision, contact the Chicago personal injury lawyers at Abels & Annes for a free consultation. Call 312-475-9596 to speak with an attorney now.
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