Case Results

Dump Truck Driver Receives $730,000 Settlement

A Bayville man received two settlements totaling $730,000 for injuries he incurred when the dump truck he was driving was struck in the rear by another vehicle. Our client, a 55-year-old man, was driving a work-issued dump truck in a construction zone on Route 9 in Freehold near its intersection with Schibanoff Road, when he was struck in the rear. The defendant was operating a 2013 Scion XB and was travelling at an unsafe speed at the time she collided with the dump truck. As a result of the impact, our client struck the back of his head on the interior rear windshield of the dump truck, causing injuries to his neck, back and both wrists.

Post-accident MRIs revealed cervical disc herniations at the C3-4, C4-5 and C5-6 levels, as well as a lumbar disc bulge at L5-S1. Our client underwent physical therapy and two cervical epidural injections, however, such treatment provided minimal relief. Subsequent MRIs showed worsening cervical herniated discs, ultimately requiring a discectomy, decompression and fusion surgery at the C5-6 level. Additionally, a post-accident EMG revealed our client suffered bilateral wrist and hand pain which was diagnosed as carpal tunnel syndrome. The treating orthopedic physicians concluded that our client required additional treatment, including additional cervical surgery to extend an extension of the prior cervical fusion surgery at the C3-5 levels, a series of lumbar epidural injections, and surgical releases to both wrists. Today, our client continues to suffer from neck, back and bilateral wrist pain.

The underlying suit against the other driver settled for $295,000. Following the settlement, Maggs McDermott & DiCicco filed an underinsured motorist action against our client’s insurance company, which was settled for an additional $435,000, resulting in a combined total settlement of $730,000.

*Outcomes vary depending on facts of the case and legal circumstances.

For more information on the personal injury practice at Maggs McDermott & DiCicco, click here.

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