Derryberry Zips Wade Lawhorn, PLLC successfully negotiated a substantial confidential settlement in the high six figures for our female client who was involved in a violent rear end wreck with a large oil field service truck in Corpus Christi, Texas. The oil field service company hired a 23 year old employee and allowed him to permissively operate a company truck without performing any background check on him or providing him any driver training. A simple check of his driving record would have revealed a prior conviction for driving while intoxicated less than two (2) years prior to the company hiring him. The young employee violently slammed into the back of our client’s vehicle as a result of being distracted while driving the truck. Additionally, his cell phone records contained information indicating he was likely on the phone at the time of the violent wreck. This violent wreck caused our client to sustain significant injuries and and also resulted in her vehicle being declared a total loss. Our client sustained injuries, including a broken arm, injuries to her thighs, mild traumatic brain injury and herniated disks in her neck for which her treating neurosurgeon recommended surgery. She had not had the surgery at the time the case was resolved in July, 2015.
We obtained a settlement for a man and his 14 year old son who were hit by a drunk driver. The drunk driver’s insurance company paid the maximum policy limits that were available to settle the case. The drunk driver attempted to flee the scene of the wreck but our client, and a good Samaritan who witnessed the wreck, followed the drunk driver until the police could pull him over and arrest him. The drunk driver pled guilty to DWI, his second DWI.
We obtained another settlement for a man who was hit by a drunk driver. Our client’s vehicle was hit head on by the drunk driver and our client’s vehicle rolled over several times. The drunk driver’s insurance company paid the maximum policy limits that were available to settle the case. The drunk driver pled guilty to DWI.
Derryberry Zips Wade Lawhorn, PLLC continues to work each day to protect members of the community by holding responsible and accountable those individuals and corporations that violate safety rules that are designed to protect all members of a community.
Top 10 things to do if you are injured in an accident, including a car accident or 18 wheeler accident.
By Craig Zips, Member of Derryberry Zips Wade Lawhorn, PLLC
- Immediately call the police or 911 to report the accident, do not leave the scene of the accident and attempt to ensure the other party also stays at the scene.
- Contact a lawyer immediately. The insurance company for the at fault driver and your insurance company will act only to protect their respective financial interests. The insurance companies only care about saving their money. Do not sign any documents prior to consulting with an attorney.
- Attempt to identify any witnesses to the accident and write down their names, addresses and telephone numbers. If possible, also write down their license plate numbers.
- Exchange the following information with the other driver; name, address and telephone number, make and model of the car or 18 wheeler, license plate number, the other driver’s employer, if applicable, if the driver does not own the car then obtain the name, address and telephone number of the owner of the car or 18 wheeler, obtain all insurance information, including the name of the insurance agent for the other driver. Also, if the accident involves and 18 wheeler then write down the Unites States Department of Transportation (“US DOT”) number that is typically located somewhere on the tractor or trailer.
- Write down any statements that are made by the other driver that indicate the other driver is at fault. These statements may be used against the other driver and/or their employer in settlement negotiations or if a lawsuit is filed. Conversely, do not make any statements to the other driver or witnesses in connection with the accident. Please remember to make sure that any statements made to the police are truthful and accurate. Do not guess or speculate about any answer to any question asked by the investigating officer.
- Take photographs of the property damage to your car and the other car(s) or 18 wheeler while you are at the scene of the accident. Also take photos of the accident scene, including any visual obstructions, road signs, speed limits signs, and any skid marks made by any vehicle involved in the accident.
- Immediately seek medical treatment if you are even slightly injured. Sometimes accident victims can sustain internal injuries without realizing he/she is injured. Internal injuries can be fatal if not treated. Do not be embarrassed to ask for an ambulance if you have been injured in any manner. Please also make sure you attend all doctor and physical therapy appointments. If you miss these appointments, then the insurance company will argue these missed appointments mean you are not really hurt.
- Do not give any written or recorded statements to any insurance company or insurance company representative without consulting with an attorney.
- Prepare a brief summary of the accident. Our memories fade about the details of an accident as time passes. These notes about the accident will be helpful later in jogging your memory of the details of the accident. Also, keep a daily diary of your medical visits, as well as a daily diary of the pain you are experiencing after the accident.
- Obtain a police report if one is available.
Craig Zips is one of the two founding members of the firm now known as Derryberry Zips Wade Lawhorn, PLLC. He is board certified in personal injury trial law by the Texas Board of Legal Specialization, and has been given the premier AV rating by Martindale Hubbell. Craig has represented numerous clients for over 15 years in a variety of litigation matters, from complex commercial matters, including business disputes and securities fraud, as well as the representation of plaintiffs in serious injury cases.