Man injured in rear-ender settles claims for $1.3M

A man who was injured after another driver rear-ended his vehicle has settled claims with two insurers for $1.3 million, his attorneys report.

John White Jr. and Ryan McCarty of Harrison White in Spartanburg report that the client, whose name was withheld pursuant to a confidentiality agreement, was driving home in Greenville County when the other driver slammed into the back of his car, sending it off the road. 

The client suffered a laceration of the spleen, traumatic hemopneumothorax (air and blood in the chest cavity), a vertebra fracture, rib fractures, a traumatic brain injury, and scalp lacerations. He was hospitalized for 20 days and spent another 17 days at a rehabilitation center before being treated over the next year by physical therapists, occupational therapists, speech therapists, orthopedists, neurologists, and other medical professionals. He was diagnosed with and treated for cognitive impairments and continues to suffer from the residual impairments, White said.

The at-fault driver, who was exceeding the speed limit when the wreck occurred, testified that she had fallen asleep. She was charged with a moving violation, an open container of alcohol violation, and possession of marijuana, White said.

The at-fault driver’s insurance carrier, ACCC Insurance Co., tendered policy limits of $50,000, and the client’s underinsured motorist policy carrier, State Farm, tended policy limits of $1.25 million.

“The long-term neurological impacts are still uncertain,” McCarty said. “While our client has had a remarkable recovery from his physical injuries, he has struggled with memory issues following this accident.”

Joshua J. Hudson of Smith Hudson Law in Greenville represented the at-fault driver. He had no comment on the settlement. Bill Young III of Gallivan, White & Boyd in Greenville represented ACCC Insurance. He could not be reached for comment.

Follow Bill Cresenzo on Twitter @bcresenzosclw

SETTLEMENT REPORT – MOTOR VEHICLE CRASH

Amount: $1.3 million

Injuries alleged: Laceration of spleen, traumatic hemopneumothorax (air and blood in the chest cavity) vertebral fracture, rib fractures, traumatic brain injury, lacerations of scalp

Case name: Withheld

Date of settlement: Nov. 23, 2020

Insurance carrier: ACCC Insurance Co (at-fault driver) and State Farm Auto Insurance Co. (UIM)

Attorneys for plaintiff: John White Jr. and Ryan McCarty of Harrison White in Spartanburg

Attorneys  for defendants: Joshua Hudson of Smith Hudson Law in Greenville (State Farm) and Bill Young III of Gallivan, White & Boyd in Greenville (ACCC Insurance)