On a beautiful Saturday in St. Stephen, two friends were ready to kick back and relax at a car show at Oldfield Park. It was meant to be a day filled with friends, family, and music.
When the group realized they were running low on ice, the friends jumped in one of their trucks, a lifted Chevy, to grab more. This simple favor turned into an unimaginable nightmare when they were rear-ended, leading to roughly 10 months of medical treatment for each of them. Fortunately, both men decided to call Joye Law Firm to see if they had a case. Attorney John Aylor, of our Charleston office, took on the fight. He wouldn’t relent until he secured rightful compensation for his clients.
Despite doing everything ‘right,’ the insurance refused to take the men’s claims seriously. Never one to back down, Attorney Aylor took the fight for compensation all the way to a Berkeley County courtroom.
Distracted Driver Causes Rear-End Collision
While heading to the passenger’s house to get ice for the car show, the two men realized they left the cooler at the field. While driving down US-52, the driver put on his turn signal to change lanes and slowed down to turn onto a side street. At that moment, they were hit from behind by a Kia Optima driven by a woman with her granddaughter. During her deposition, the defendant admitted that she looked to her right, then at her granddaughter, and when she turned her attention back to the road, it was too late to stop. Despite this admission, the at-fault driver would not accept more than 50% responsibility for the crash.
Car Accident Injuries and Treatment
Both men received immediate medical attention at Roper St. Francis for neck, back, knee, and shoulder problems. Their initial medical care was followed by almost a year of treatment including injections and physical therapy. They were medically released with anticipated future care notes. Thankfully, their injuries healed without further treatment. However, by the time they were back on their feet, both victims had amassed around $30,000 in medical debt each. During negotiations, the at-fault driver’s insurance company refused to pay more than $32,000 for one client and $37,000 for the other client. Realizing that he wouldn’t be able to obtain a fair settlement for his clients, Attorney Aylor rejected their lowball offers, which set the stage for a jury trial.
Attorney John Aylor Fights for Equal Treatment and Compensation
During the trial, Attorney Aylor demonstrated the severity of the collision by using visuals, expert testimony, and medical records. He explained that, originally, the defendant would not accept responsibility for the crash. Once in front of the jury, however, the defendant’s attorney changed their story by accepting full fault but claiming that the men’s claimed damages were far too high.
The passenger of the truck faced additional hurdles due to pre-existing injuries from a disabling work accident that happened in 2008. His prior conditions, including lower back, knee, and shoulder injuries, along with significant immunodeficiency treatment for neuropathy symptoms, were used against him by the defendant’s attorney. The defense claimed our client’s injuries were exaggerated, and that they were merely aggravated by the crash, and not directly caused by it. They noted that he had received medical treatment for the same areas a month before the accident. Attorney Aylor pushed back. He asserted that the treatment his client was undergoing was related to nerve issues, which continued concurrently with the pain treatment he was receiving due to the collision. While both men were nervous about going to court, they put their complete faith in Attorney Aylor to fight for their needs. Despite the tough journey for the passenger, they remained confident in their attorney’s ability to represent them and secure compensation.
A surprising twist came during the trial when the defendant was called to the stand. She confirmed that her statement that she was only 50% at fault for the accident during her deposition was accurate. This was a contradiction to her attorney’s opening statement, where he had admitted she was at fault for the crash. This inconsistency highlighted the defense’s shaky stance and further complicated their case.
$130,000 Trial Verdicts Award Both Passenger and Driver Just Compensation
During closing arguments, Attorney Aylor reminded the jury to treat both men fairly, despite the passenger’s previous injuries, emphasizing that they were unrelated to the current injuries. He argued that the defense was merely creating doubt without substantiating their claims. He wanted them to focus the damages they awarded not only on the economic damages but also on the non-economic impact, including the time that the victims spent dealing with the pain and uncertainty of the outcome of their case. Aylor presented his calculations for the compensation, while the defense did not present any figures. After only 45 minutes of deliberation, the jury returned a favorable verdict of $130,000 for each of our clients.
We are proud to have represented these crash victims and honored that they chose Joye Law Firm. This case highlights the importance of having an attorney who can navigate the complexities of prior injuries and isn’t afraid to take a case to trial to ensure fair treatment for victims. If you or someone you know has been involved in a vehicle collision caused by another driver, it’s crucial to seek the guidance of an experienced attorney. Joye Law Firm’s legal team will diligently investigate the crash’s cause and advocate for the full compensation you rightfully deserve. We take cases across South Carolina, with offices in Columbia, Charleston, Myrtle Beach, Summerville, and Clinton. Our consultations are always free, and our clients receive the “No Fee Guarantee.” Meaning you don’t owe us anything unless we win your case. If you’ve been injured by a negligent driver, you owe it to yourself to Just Call Joye.
Disclaimer: Past results do not guarantee future outcomes.