Among the all too common injuries that can result from an accident involving a commercial truck are amputations. These can come about for any of various different reasons including severe fractures from the impact and in some cases, as in one of the discussed situations below, from having the truck run over a victim's limb. Amputation injuries often leave the victim with an impairment that prohibits them from returning to their previous job. This can amount to a significant loss of earning capacity. In addition to the serious nature of such an injury, the loss of earning capacity can be a factor contributing to a significant recovery. Consider the following cases.
In the first documented case the driver of a 65 foot tractor trailer was diverted from his planned drop off in a different town and was traveling on a winding road lined with trees. The road consisted of 2 travel lanes which were separated by solid double yellow lines. It was at this location that the driver of the truck decided to make a left turn as an on-duty police officer was coming around the curve. The officer was responding to a call about a nearby disturbance. The officer was riding a police motorcycle with the flashing blue lights activated. As the officer came around the curve the truck blocked his way. This forced him first to apply both breaks and then to go into a skid in an attempt to avoid a full speed, full body collision with a truck. The skid took him partially under the truck which rolled over his leg and then stopped thereby pinning his leg. A rescue crew later had to remove him from beneath the tractor-trailer. Among his various injuries he suffered a serious leg fracture which in the end lead to an above the knee amputation of his leg. The law firm which represented the officer in this case reported that a settlement was reached in the sum of $1.5 million.
In the second documented case the driver of a truck made a left-hand turn into an intersection while a car was already in the intersection traveling straight. As a result of the collision the driver of the car suffered multiple fractures to both legs as well as a fracture to one of his elbows. Even after a number of surgeries on his legs he is permanently disabled and may in time require an amputation of one of the legs. The victim, only 37 years old at the time of the accident, earned in excess of $30,000 a year bringing his total loss of earning capacity to over $1 million. The law firm that represented the victim in this case sued both the driver of the truck as well as the driver's employer and the company which had hired that employer. They were able to name the last two as defendants because the driver was on his cell phone speaking with someone from his employer's office at the time of the accident. The employer admitted that the driver was acting within the course and scope of his employment at the time of the accident. The law firm reported that a settlement was reached in this case on behalf of the victim in the amount of $2.85 million.
The two cases discussed above illustrate just some of the ways in which an amputation may be the end result of a truck accident. The cases also illustrate the impact that such an injury can have on the victim both in terms of quality of life as well as in the loss of earning capacity. Lastly the cases illustrate that these type of cases have the potential for a significant recovery for the victim even when the victim has not needed an amputation at the time of the recovery but is likely to need one later.
If you have suffered any type of back injury, spinal cord injury or brain injury in a California Truck or Vehicle accident, please contact The Peck Law Group's California trucking accident lawyers toll free at 1.866.999.9085 for assistance with your questions. We have experience handling claims involving quadriplegia, paraplegia, spinal cord injuries, paralysis, lower back strain, bulging discs, herniated discs, lumbar strain and sprain, back fusion surgery, whiplash and others.
