On the road, a well-known and substantial delivery truck firm rear-ended our client. Our client was a middle-aged woman who had been injured in the neck and back. The defense blamed her weight and pre-existing problems.
Before going to trial, we were able to settle the case through mediation.
Commercial trucking companies and their insurers routinely raise a victim's weight, age, or pre-existing conditions as a defense to reduce what they owe. California law holds a negligent driver responsible for the full extent of the harm caused, even when a victim's prior health made them more susceptible to injury — a principle sometimes called the “eggshell plaintiff” rule. Because commercial trucks are required to carry higher insurance policy limits than passenger vehicles, truck accident claims often involve significantly more coverage than a typical car accident case.
Past results do not guarantee or predict a similar outcome in any future case. Every case is different, and the amount of compensation recovered depends on the specific facts and circumstances involved.
Our job is to put together a case for each accident victim so that they can get the compensation they deserve.