Weld County, CO (September 23, 2022) – In a Weld County semi-truck case, a jury awarded more than $1.5 million (verdict plus interest) to a 44-year-old school teacher and mother who suffered significant injuries in an October 2017 crash on Weld County Road 42.
According to a complaint filed in Weld County District Court, the defendant semi-truck driver failed to stop at the intersection of Highway 85 and Weld County Road 42, as he was driving in heavy fog. The fault, per the complaint, lay in part with the trucking company. The semi-truck driver drove for miles with limited visibility, blew through the intersection red light, ricocheted off another semi-truck that had the right of way and careened into the plaintiff’s car that was stopped at the light.
The impact pushed the plaintiff’s car back 100 feet; severe whiplash occurred, but plaintiff was unsure if she lost consciousness or struck her head as she was wearing a seatbelt. Damage to the plaintiff’s vehicle required passenger door exit, and emergency personnel and police were on the scene. After a trip to the emergency room, the plaintiff went home to recover. Once the adrenaline wore off on Saturday night, the injuries were far more acute… she was in significant pain within 24 hours of the crash. But this hardworking wife and mother of two reported back to work on Monday morning, trying to teach through the pain.
The plaintiff noticed worsening physical conditions in the weeks after the crash: increased migraines (up to 14 a month), visual disturbances and neck pain to start. She followed up with a number of medical doctors to try to resolve her injuries, until a specialist diagnosed her with brain injury symptoms (which can present in weeks and months after a traumatic event). Over the next five years, the plaintiff underwent more than 200 appointments with medical doctors, chiropractors, a neuro-optometrist, TMJ specialist and a vestibular physical therapist to address the persistent headaches. Her doctors said she will live the rest of her life with migraine/headache sequela, which will require regular analgesic management.
Defense arguments refuted by local community doctors, friends and family
During trial, Defense experts disputed the extent of the plaintiff’s injuries and her future medical needs. The defense brought in paid medical experts with no local practice to deny the plaintiff’s injuries, hinging their arguments on no ambulance, delayed diagnosis of TBI, no loss of consciousness and normal MRI exams. Plaintiff jury trial attorney, Peter M. Anderson, introduced facts and evidence at trial refuting these arguments, citing peer-reviewed medical journal articles, medical treatises and latest research on the science of TBIs. Mr. Anderson pointed out the fact that defense paid medical examiners met with the plaintiff only once for a brief 10-15 minute physical exam; the plaintiff’s local treating doctors, accurate in their diagnoses, were in a far better position to discuss her worsening condition after the crash.
The jury found in favor of the plaintiff with a verdict of more than $1.5 million, far exceeding the last offer by the trucking company’s insurer. “We waited more than 5 years to try this case due to the COVID-19 pandemic; we are so thankful that justice can once again take its course,” said Mr. Anderson. “Our Weld County citizens saw and heard the case for what it was… a woman hurt through no fault of her own who needed substantial medical treatment, and who suffers physical impairments and continual migraine management. This verdict will help in the healing process and pay the needed future medical bills.”
“At The Law Offices of Peter M. Anderson, we are proud to stand up for the injured, who often don’t want to fight big insurance corporations. It can be a daunting process, when medical bills far exceed the low-ball insurance offer on the table; it is at this point, we are forced to go to trial,” noted Mr. Anderson. “Fairness prevailed and we are pleased with the outcome of this case, all thanks to the people in our local community.”
For more information about this Weld County semi-truck case, other select case types, jury trial history or other questions about the Law Offices of Peter M. Anderson, please feel free to call our offices: 303 444 1505.