Rear-End Accident Results in Severe Pain and Disability for Father of Five in Boca Raton, Florida
The law in Florida attaches a presumption of negligence to the rear driver in a rear-end collision accident. In fact, the governing rule under Florida law is that even a sudden stop by the lead vehicle does not overcome the presumption of negligence on the part of the rear-ending driver.
The victim in this Florida automobile accident case was a 45 year old married father of five children when he sustained very serious and debilitating injuries in a rear-end collision while sitting at a light on an off-ramp from I-95. The other driver in this case stated that he was waiting at the light on the off-ramp with approximately 10-12 vehicles in front of his, including the victim. He indicated that when the light turned green, he started to proceed forward while the victim’s vehicle was directly in front of him. He then indicated he was looking to the left for other vehicles and when he turned back to look forward, he realized the victim’s vehicle was stopping when he saw the brake lights and he then collided with the back of the victim’s vehicle.
The victim in this case felt immediate pain in his neck, shoulders, low back and knees, but he was a very healthy, active individual who never went to doctors and was hoping the pain would resolve on its own, so he did not immediately seek medical attention. After approximately one month of constant pain and increasing discomfort, he decided to visit a chiropractor for some relief. After numerous sessions with the chiropractor, the chiropractor diagnosed him with 3 herniated discs and referred him to an orthopedic physician for further evaluation.
After treating the victim conservatively for several months for his injuries, the orthopedic physician felt that he may need some type of formal open decompression along with discectomy and referred him to an orthopedic surgeon for a second opinion. This orthopedic surgeon sent the victim for additional MRI scans, and noted that he had multi-level disc herniations both of the lumbar spine and the cervical spine. At this point the physician recommended epidural steroid injections and advised the victim that any relief would most probably be temporary in nature.
Unfortunately, the relief the victim received from the injections was temporary and he eventually had to undergo the following procedures: bilateral hemilaminotomies at L2-3, L3-4, L4-5; with total discectomy L2-3, L3-4, L4-5; with posterior lumbar interbody fusion, L2-3, L3-4, L4-5; with Stryker PEEK cages, with segmental pedicle screw fixation with Stryker XIA titanium pedicle screws L2 to 3, L2-L5; with posterior lateral arthrodesis L2 to L5 with C-arm fluoroscopy and evoked potential monitoring; with foraminotomies over the nerve roots. He also required intervention after he developed a severe infection.
In all, this victim incurred over $442,000.00 in medical expenses as a result of this rear-end collision. He had a very lucrative business, which he had to dissolve as a result of this accident, so he also incurred a very substantial wage loss claim.
Due to his tremendous life style changes, this victim sought the assistance of Attorney J. Freddy Rhoads with the law firm of Schuler, Halvorson and Weisser, P.A. to assist him in this matter. After much investigation and research, Mr. Rhoads was successful in settling this case without the necessity of a trial, and unfortunately, while the victim will never be the same as he was before this accident took place, he will be able to get the medical care he needs now and in the future, and he will be able to provide for his family until he is able to resume his professional career.
