Mʏᴇʀs & Cᴏᴍᴘᴀɴʏ
Zombies Behind the Wheel
We represented a man who was rear ended while driving an attenuator truck. He was working for the Department of Transportation on a road construction project.
The driver who hit him was high on methamphetamine at the time of the wreck. He was--by all accounts--a zombie.
Our client had some neck and back pain after the wreck. He treated a couple times with a chiropractor and made a full recovery.
The most significant part of the case was the emotional impact. He had anxiety, nightmares, trouble sleeping and flashbacks. But he didn’t receive any counseling or psychological treatment.
The insurance company evaluated the case based on the physical injuries. It was adamant that because our client wasn't really hurt, he shouldn't be suffering emotionally. (And if he was genuinely suffering, he would have treated for his symptoms.)
We explained to the arbitrator that getting hit by an intoxicated driver is a big deal. We explained that our client was the victim of a violent crime and is realistically concerned about it happening again to him or someone he cares about.
Even though our client had less than $1,000 in treatment expenses the arbitrator entered a six-figure award.
Two claps for the arbitrator. He understood that everyone responds differently to scary situations. He also appreciated that some people can really be hurting but just aren't able (in terms of resources or conditioning) to reach out for mental health treatment.
Zero claps for the zombie who got high and slammed into the attenuator truck at 60 MPH.