In November 2020, the lives of an entire family were irreversibly changed. A devoted husband and stepfather, Michael*, had flown to Ohio to drive his stepdaughter and 18-month-old grandson back to the home he shared with his wife in Florida for a family vacation when tragedy struck. While traveling through a notoriously dangerous stretch of I-95 in South Carolina, their vehicle was violently rear-ended by a semi-truck. The crash resulted in catastrophic injuries and an almost 4-year-long battle for justice.
Unsure where to turn, the family contacted a law firm they trusted in their home state of Florida soon after the crash. The firm did not have attorneys licensed to practice in South Carolina, but knew that Joye Law Firm would be able to help.
Joye Law Firm, led by Partner Mark Joye and Attorney Melissa Mosier, took on the case, with assistance from Case Manager Ashley Graham. Their relentless dedication and strategic litigation ultimately led to a settlement that will provide for our client’s lifelong medical care and replace his loss of income.
The Devastating Impact of Being Rear-Ended by a 40-ton Truck
As traffic slowed on I-95 due to a crash a few cars ahead, Michael looked in his rear-view mirror and saw what every driver fears. A tractor-trailer barreling towards his sedan, with no time for him to react and nowhere for him to go. The result looked like a scene from a Hollywood disaster movie. The impact threw his vehicle forward into the car ahead, becoming part of a four-vehicle chain reaction. In shock, Michael’s stepdaughter began to assess what had happened as her toddler son’s screams from the back seat pierced the eerie silence. The baby boy’s leg was broken from the force of the wreck. Then, she saw her stepdad slumped over in his seat, unconscious and groaning, she feared the worst.
When EMS arrived at the scene, they rushed Michael and his family to a local hospital. He had suffered major head trauma and remained in a restrained hospital bed, suffering from severe delusions. His family helplessly stood by as they wondered what the future held. He remained in the hospital for weeks here in South Carolina until he was finally discharged right before Thanksgiving – he would have stayed longer, but had no health insurance to pay for his climbing hospital bills.
Back in Florida, he required further hospitalization due to dangerous blood clots—a direct consequence of the crash’s toll on his body.
Michael’s injuries were extensive: multiple broken bones, including a fractured right foot, a lumbar fracture, and three broken ribs. Most devastating of all was his traumatic brain injury (TBI), which left him with an area of encephalomalacia—dead, liquefied brain tissue in his right occipital lobe. The TBI caused amnesia, mood swings, headaches, and vision impairments, stripping him of his independence and career. He had been laid off from his career in event setup during the COVID-19 pandemic, but the crash ensured he would never return to his profession. To add to the family’s financial burdens, the injuries Michael suffered meant his wife lost her job to become his full-time caregiver. Attorneys Joye and Mosier were concerned with making sure that, no matter his lack of health insurance, Michael got the medical care he needed to make the best possible recovery.
As Michael attended medical appointments and rehabilitation, Attorneys Mosier and Joye kept in daily communication with his wife and other family members. They took several trips to Florida to visit the family, held video and telephone calls, and texted daily with the family.
“During those four years, we never felt discouraged because we always knew what was happening,” Michael’s wife shared, reflecting on the unwavering support of their legal team.
Investigation Uncovers Key Evidence of Corporate Negligence
Attorneys Joye and Mosier got to work immediately investigating the crash. “When you get contacted on a trucking case, you have to examine the tractor-trailer and go to the scene of the crash – it’s imperative to do this right away before crucial evidence disappears,” explains Attorney Joye.
First, they had to track down the owners of the tractor-trailer, locate the identity of the defendant, and reach out to the company to find the location of the truck. They retained experts to go out to the scene of the crash and do intricate measurements and mapping of the accident scene. They examined the details of the crush impact on the tractor-trailer and downloaded the dash cam evidence and Blackbox data, which revealed vital information about when the truck driver initially applied brakes and the vehicle’s speed at the time of the crash.
The investigation revealed an alarming pattern of indifference to safety. On the day of the crash, dashcam footage showed the truck driver recklessly passing vehicles in rainy and foggy conditions and failing to adjust his speed for the hazardous weather. Worse still, deposition testimony revealed that the driver had been on a hands-free phone call at the time of the crash, a significant distraction despite his employer’s refusal to acknowledge the risk.
Further scrutiny also exposed a shocking lack of oversight within the company’s trucking division. The individual responsible for hiring and overseeing truck drivers did not even hold a Commercial Driver’s License (CDL). He had no specialized knowledge of trucking regulations and therefore had no way of effectively managing or supervising his fleet of drivers. There was no evidence that the driver who caused this crash was ever trained after he was hired, and while the company’s safety protocols sounded good, they were simply not enforced.
“Trucking is a dangerous profession. It requires professionals, both behind the wheel and in management,” Mosier emphasized. “This company was running a trucking operation without respect for the industry’s demands, and it nearly cost our client his life.”
The driver’s history only reinforced our case. Just three months before the crash, he had been cited for following too closely. Yet, instead of corrective action, the company allowed him to continue driving without any intervention or even bothering to check the driver’s dash cam. Instead, the trucking company’s management team decided to believe the driver when he told management that he was caught following too closely because the person in front of him braked when they saw the police.
“They should ‘trust but verify,” Mosier asserted. “Instead, they ignored the evidence and put others at risk.”
Overcoming Fierce Defense Tactics and Building an Unshakeable Case
Joye and Mosier knew they had a strong case, but they also anticipated fierce resistance from the defense team and their legion of 14 hired experts. Large corporations and their commercial insurance carriers have the funds to drag out cases like these in an attempt to stall out injured people and settle for less than they deserve. The trucking company attempted to shift blame, arguing that an accident further ahead on I-95 was the true cause of the crash. They also downplayed Michael’s injuries, even going so far as to claim his injuries were unrelated to the collision.
“They tried to say his pre-existing disc herniations from a 2019 crash weren’t made worse,” Mosier explained. “But our medical experts proved otherwise. He suffered new fractures and significant worsening of his condition. And, these prior back problems didn’t stop him from working a very physically demanding job.”
The defense even resorted to surveillance tactics, hiring investigators to follow Michael in an attempt to discredit him and the injuries he was claiming. They asserted he was back at the gym and moving forward with his life, but their own video showed him struggling to walk on a treadmill, limping as his wife walked beside him at a normal pace.
“They thought this footage would work in their favor, but it only proved what we already knew—our client was trying his best to recover, despite overwhelming pain and disability,” Mosier said.
To build their case, Joye Law Firm enlisted a team of experts, including a forensic phone examiner, life care planner, accident reconstructionist, trucking industry expert, vocational expert, and multiple medical professionals. The case proceeded in federal court, requiring extensive motions practice before mediation could take place.
“One of the reasons I’m so proud to be a lawyer is that I don’t just state what I believe, I prove it,” Mosier said. “We put the defense’s arguments to the test, and showed we had the winning hand by turning their own experts against them.”
Strategic Negotiations as Personal Injury Trial Date Nears
The case was heavily litigated for 3.5 years, with dozens of depositions taken and experts lined up to testify on both sides. There was no mention of settlement until trial preparations were well underway.
“When they realized we were serious and ready to go to trial, they knew they had to offer something significant,” Joye explained. “That’s when real settlement discussions began.”
With Peter’s medical costs already exceeding $1.2 million and future expenses projected in the millions, the settlement needed to be substantial enough to secure his future care. Joye and Mosier worked tirelessly with the Pratts family, ensuring all medical and financial considerations were addressed before agreeing to a resolution.
“You only get one chance to get fair compensation,” Joye explains. “You have to make sure you’ve answered every question and accounted for every need, because once it’s done, you can’t go back and ask for more.”
Joye Law Firm Secures Life-Changing Settlement for the Pratts Family
Joye Law Firm is proud to report that the meticulous preparation, legal prowess, and unwavering support from Attorneys Mark Joye and Melissa Mosier resulted in a life-changing settlement for our client and his family. This case underscores the importance of corporate accountability and the vital role of experienced legal representation in complex trucking accidents.
“Melissa and I have worked on major cases together before, and we make a great team,” Joye said. “She handled daily client contact, and together, we built a rock-solid case.”
For the family, the settlement brings peace of mind and financial security, ensuring Michael receives the medical care he needs for the rest of his life.
“We stay in constant communication with our clients, no matter where they are,” Mosier said. “The trust we built with the family speaks to the years of work we put into every case.”
Joye Law Firm’s victory in this case stands as a testament to their commitment to justice, proving once again that with the right legal team, even the toughest battles can be won.
*Client’s name has been changed to protect his identity.
Disclaimer: Past results do not guarantee future outcomes.
