In today’s fast-paced gig economy, food delivery drivers are under constant pressure to meet deadlines and navigate routes they often barely know. Many rely on GPS directions while juggling multiple orders, leading to dangerous driving behaviors such as sudden lane changes, distracted driving, and failing to yield. Unfortunately, when those drivers are careless, innocent people pay the price.
That’s exactly what happened to our client, a hardworking 50-year-old man from Goose Creek, South Carolina, who was hit head-on by a distracted food delivery driver who recklessly crossed two lanes of traffic during nearby road construction. Attorney William Asche, Case Manager Matt Higdon, and Litigation Assistant Holly Benton from Joye Law Firm Injury Lawyers took on his case and fought to hold both the driver and the delivery company accountable.
A Sudden and Violent Collision in Goose Creek
Our client was driving east along Old Mount Holly Road in Goose Creek when disaster struck. Without warning, an inattentive food delivery driver crossed two lanes of traffic during nearby road construction and slammed head-on into his vehicle.
The collision was sudden, violent, and completely avoidable had the delivery driver been paying attention to their surroundings. The victim’s car sustained significant front-end damage, and the impact left him in immediate pain. Responding officers at the scene quickly determined that the delivery driver had failed to yield the right of way and was solely at fault for the crash.
Immediate Aftermath and Early Medical Concerns
The day after the collision, still suffering from severe neck and back pain, the victim contacted Joye Law Firm Injury Lawyers for help. He was no stranger to our team; we had represented him back in 2013 for a work-related back injury. Because of that prior case, our team already understood his medical history, the challenges of chronic spinal conditions, and the importance of carefully distinguishing between old and new injuries.
Despite his resilience and commitment to returning to normal life, his condition continued to worsen. He experienced unrelenting neck pain, headaches, and radiating discomfort in his shoulders. Recognizing the seriousness of his symptoms, he sought treatment with an orthopedic specialist, who ordered an MRI of the cervical spine.
Diagnostic Findings and Treatment Path for Neck Injury
The MRI revealed disc herniations at the C5-6 and C6-7 levels. These serious spinal injuries explained his escalating pain and limited mobility. Although he followed all recommended conservative treatments, including multiple rounds of physical therapy and two cervical epidural steroid injections (CESIs), his symptoms did not improve.
His doctors documented clear evidence of nerve root impingement, a painful compression of the spinal nerves that can cause long-term disability if untreated. Since conservative care had failed, he was referred for a surgical consultation. His orthopedic surgeon recommended an Anterior Cervical Discectomy and Fusion (ACDF) procedure, a complex spine surgery designed to remove the damaged discs and stabilize the neck.
Our client’s existing medical bills were piling up and becoming significant, and then there was the added financial burden of a recommended surgery.
Fighting Back Against Auto Insurance Resistance
When Attorney William Asche initially submitted the claim, the defendant’s insurance carrier attempted to minimize the injuries by pointing to the client’s previous back condition from more than a decade earlier. They argued that his pain and limitations were “pre-existing” and unrelated to the collision, a common tactic used by insurance companies to reduce payouts.
However, our seasoned injury law team knew better. They built a strong medical narrative supported by expert records and testimony that clearly demonstrated how the 2024 crash aggravated and worsened his prior back injury and introduced new, distinct injuries to his neck.
Our team emphasized several key points:
- The prior work injury affected the lumbar spine (lower back), whereas the collision caused new cervical (neck) disc herniations.
- The client had returned to full-duty work and had not required ongoing treatment for years prior to the crash.
- Medical imaging showed fresh trauma consistent with a high-impact, head-on collision.
- The police report, which unequivocally assigned fault to the delivery driver for crossing two lanes of traffic while distracted.
Liability was clear, and the damages were significant. Our team refused to back down.
Additional Insurance Coverage Due to Commercial Driver
As our investigation progressed, the team at Joye Law Firm discovered that the at-fault driver was actively completing deliveries for a food delivery service, meaning additional layers of corporate insurance could apply. While the at-fault driver’s insurance paid out the entire $50,000 liability policy, the delivery company carried excess coverage for its contract drivers, to be used in situations such as this.
Attorney Asche and his team pushed aggressively for full policy disclosure. After persistent negotiation and documentation of the client’s ongoing medical needs, they secured not only the driver’s full policy limits but also an additional $150,000 recovery under the corporate excess policy.
The firm also recovered an additional $5,000 in MedPay benefits, helping offset immediate out-of-pocket medical expenses.
$205,000 Recovery Despite Prior Injuries
The combined $205,000 settlement reflected both the clear negligence of the delivery driver and the serious, lasting impact the crash had on our client’s health and livelihood.
This case stands as a powerful reminder that prior injuries never cancel out your right to fair compensation. When another person’s negligence worsens an existing condition, they are still fully responsible for the harm they cause, and Joye Law Firm Injury Lawyers has long championed that truth.
What made this case especially challenging was the combination of medical complexity and layered insurance coverage. Many firms might have accepted the first policy limit, but our team’s persistence uncovered additional corporate coverage that made a life-changing difference.
Our client did everything right: he worked hard, followed his treatment plan, and trusted our team to fight on his behalf. In return, we held both the negligent driver and the corporate insurer accountable for the full scope of his losses.
Since 1968, we’ve stood up for South Carolinians injured through no fault of their own. From the Lowcountry to the Upstate, we fight for justice, ensuring that every client, regardless of their past, receives the compensation they deserve.
Disclaimer: Past results do not guarantee future outcomes.
