On a sunny weekday in the heart of one of South Carolina’s busiest cities, a dedicated healthcare worker left her office on a short walk to a neighboring building to retrieve supplies. What should have been a simple, everyday task quickly turned tragic. As she made her way across a clearly marked crosswalk with flashing pedestrian signals, traffic on both sides had come to a halt to let her pass. But one vehicle did not stop. A company truck, operated by an employee en route to a construction site, attempted to drive through the crosswalk. In a matter of seconds, the pedestrian was struck and violently thrown onto the pavement just feet from safety.
That moment marked the beginning of a years-long battle. Not just with physical and emotional trauma, but also with a legal system that initially refused to acknowledge the full scope of her suffering.
Complex Hand, Spine, and Hip Injuries with Lifelong Consequences
The impact resulted in a complex array of injuries requiring multiple procedures over several years. These injuries included a spinal compression fracture at T-11, her right hand requiring three surgeries, radiofrequency ablations (RFA) for mid- and low-back pain, and a torn labrum hip surgery. The physical toll was only part of the story. Mentally, she struggled with anxiety, stress, and a persistent fear of walking in public or driving, all of which disrupted her personal relationships and emotional well-being.
Despite it all, she continued to work her demanding healthcare role. Displaying her resilience, professionalism, and dedication. Her coworkers and supervisors vouched for her strength and competence, with multiple people willing to testify if the case went to trial.
Legal Challenges and a Reluctant Insurer
Just days after the incident, the victim reached out for legal support, she knew this was not a battle she could fight on her own. She contacted Joye Law Firm, and we took on both her workers’ compensation case and the third-party auto accident case. Knowing she had a powerful team behind her, with Atty. Brent Arant managing her car accident claim and Atty. Ryan LeBlanc, leaving no stone unturned on her workers’ compensation claim, our client could rest easy and finally focus on her recovery.
Unfortunately, the path to justice was anything but straightforward. The vehicle that carelessly sailed through the crosswalk was being operated by an employee of a construction supply company en route to a job site. This raised immediate questions about liability and insurance coverage.
Since our client was also at work when the incident occurred, the first step in her case was to file a workers’ compensation claim. Unfortunately, her claim was initially denied. Attorney Ryan LeBlanc of Joye Law Firm’s Workers’ Compensation department handled her claim, proving that she was on the job at the time of the incident and that she suffered permanent disabling injuries leading to a workers’ compensation settlement.
While the workers’ compensation case was being handled, Attorney Brent Arant began building a third-party auto accident claim that would become the cornerstone of her financial recovery.
The at-fault driver’s insurance defense team worked to minimize the severity and origin of our client’s injuries. They argued that her injuries couldn’t have been from the wreck and if they were, they weren’t as serious as disclosed.
At the first mediation, the initial settlement offer was a mere $350,000, an amount that failed to reflect the severe extent of her suffering or her long-term medical needs.
Rather than accept the undervaluation, our legal team took an aggressive stance, preparing the case for trial.
Building the Case: Evidence, Experts, and Strategy
Strategic litigation revealed multiple layers of insurance coverage, none of which were originally acknowledged. With that knowledge, Attorney Brent Arant pursued a comprehensive strategy to strengthen her personal injury case:
- Securing surveillance footage from nearby cameras that clearly showed the client lawfully crossing and the at-fault driver failing to promptly yield.
- Developing a comprehensive life care plan projecting more than $1.2 million in future medical needs.
- Engaging medical experts and illustrators to clearly present the extent of the injuries and future limitations.
- Gathering powerful witness support, with coworkers prepared to testify to her work ethic, pain, and emotional toll.
Every detail underscored the negligence of the driver and the profound, lasting consequences on the client’s life.
Personal Injury Trial Date Turns the Tide
Despite the defense’s continued resistance, the pressure from impending trial proceedings and the strength of the evidence, including a detailed life care plan, ultimately brought the opposing side to the table.
“We gave them the opportunity to settle the case for a reasonable amount during the first mediation, but they weren’t taking it seriously, so we prepared the case for trial,” explained Attorney Brent Arant. “In South Carolina, it takes a while to get on the trial roster, but once the trial date was set, they knew they had to offer a reasonable settlement or risk taking the case to trial.”
Just days before trial, the pressure was undeniable. A second mediation led to a settlement offer of $2.8 million, compensating our client for her injuries, emotional trauma, and future medical care.
A Word of Advice for Pedestrians Injured by Commercial Vehicles
Attorney Brent Arant shared two key takeaways for anyone injured in a pedestrian accident involving a company or commercial vehicle:
- Know What You Are Up Against. “Insurance companies do not volunteer coverage amounts to ordinary people, and there is nothing that mandates that an insurance company tell a person how much coverage they have,” explained Arant.
“It takes a lawyer looking at the case and knowing how to retrieve that information to find out how much coverage is in place, especially when you’re dealing with commercial policies. That is why it’s important to hire a lawyer, there could be multiple layers of insurance coverage available that a person is not going to know about.” - Sometimes, Pressure Is the Only Language Insurers Understand. “You often hear about settling on the courthouse steps,” Arant noted. “Sometimes we need that trial date to put even more pressure and further emphasize our position on the case.”
A Life Changed; a Legal Victory Earned
This case is a powerful reminder that devastating injuries can occur in everyday moments, even when you do everything right. Our client followed the rules, but one driver’s careless decision changed her life forever.
Thanks to the unwavering dedication and strategic efforts of Attorney Brent Arant, Attorney Ryan LeBlanc, and Case Managers Ashley Graham and Sam Craven, our firm was able to overcome liability challenges, expose hidden insurance coverage, and secure a $2.8 million settlement. This result ensured our client has the financial resources necessary to manage her ongoing medical care, recover with dignity, and move forward with her life.
If you have suffered injuries at work or at the fault of an inattentive driver, we can help. Just Call Joye at 888-324-3100 for your free consultation. Our team is available 24/7 to answer your questions and start fighting for the justice you deserve.
Disclaimer: Past results do not guarantee future outcomes.
