Overview

Our client sustained a severe traumatic brain injury and multiple spinal fractures after a loose tire from an oncoming vehicle struck their car on Highway 400. Through expert evidence and the police investigation, liability was established against the defendant driver for failing to properly maintain and install the tire. Our firm also pursued claims against our client’s own insurer and secured a settlement of over $2,000,000 for the tort and accident benefits claims.

Key Takeaways

  • Settlement amount: Over $2,000,000 (tort and accident benefits)
  • Accident type: Motor vehicle accident involving a detached tire
  • Primary injury: Severe traumatic brain injury
  • Additional injuries: Multiple spinal fractures
  • Resolution method: Settlement
  • Notable legal issues: Liability established through expert evidence and police investigation; additional claim pursued against the client’s own insurer due to higher policy limits
  • Medical treatment: Not specified
  • Long-term impact: Severe injuries requiring compensation through both tort and accident benefits claims
  • Accident benefits: Firm advanced and managed the client’s accident benefits claim

The Case

Our client was driving on Highway 400 when a loose tire that had detached from a vehicle travelling in the opposite direction struck their vehicle. The collision caused catastrophic injuries, including a severe traumatic brain injury and multiple spinal fractures.

To establish liability, our firm relied on expert evidence and police investigation materials. The evidence demonstrated that the defendant driver had failed to properly maintain and install the tire that ultimately became detached.

Because the defendant driver’s insurance coverage was insufficient to fully address our client’s significant losses, our firm also investigated and pursued a claim against our client’s own insurance policy, which carried higher policy limits. In addition, we advanced and managed the client’s accident benefits claim to help ensure they received all available benefits.

Our firm secured a settlement of more than $2,000,000, resolving both the tort and accident benefits claims.

Why It Matters

This case demonstrates the importance of thoroughly investigating every potential source of recovery following a serious motor vehicle accident. Where catastrophic injuries are involved, pursuing both tort and accident benefits claims may be necessary to maximize available compensation.

It also highlights the value of expert evidence and detailed accident investigations in establishing liability when a vehicle defect or maintenance issue contributes to a collision.