San Antonio personal injury attorney settles $1 million motorcycle crash case
San Antonio attorney, Michael Erskine, settles motorcycle crash case for $1 million.
Erskine’s client had been working in Odessa during the upswing in oil production in Permian Basin. On a rare day off, he and several friends had plans to spend some time relaxing and enjoying their time away from work. While on his motorcycle, a pickup truck, driven by an employee of an oil field service provider, ran through a stop sign right in front of Erskine’s client. The motorcyclist hit the driver side of the truck as it pulled out in front of him. He was knocked unconscious and was unresponsive for several days. Ultimately the crash left him with severe permanent head injuries, as well as debilitating physical impairments.
The Carlson Law firm was hired after a previous attorney was unable to get any resolution to the claim against the company. There were substantial hurdles for Erskine’s case including comparative negligence, which was his client’s speed, not wearing a safety helmet, and possible post-crash medical complications with his medical providers. It was the defenses position that a jury would likely place 51 percent or more liability on his client for the crash.
In Texas, if a jury finds that a plaintiff is 51 percent or more at fault for their own injuries, the plaintiff is barred from making any recovery on the case. This was a concern in this case and big challenge.
Erskine received the case over three years after the crash happened. Much of the needed evidence was long gone and several witnesses were no longer able to be found. Despite these challenges, The Carlson Law Firm was able to locate two eye witnesses that limited some of the damaging testimony from the reporting law enforcement officer and aggressively developed the documentation needed to prove the client’s future medical needs. Based on this new information, witness testimony and documentation of injuries, the defendant’s insurance carrier ultimately tendered the full commercial policy limit to resolve the case.
The Carlson Law Firm’s dedication and concern for clients does not end with the resolution of the case. The client was also helped in resolving the substantial medical liens, and got court approval to set up his settlement funds into a trust that both protects him and preserves his ability to receive much needed disability benefits and medical coverage.
“The Carlson Law Firm takes challenging cases and will put in the work needed to make sure our clients can get the fair compensation they deserve,” said Erskine.
- Written by Jill Fowler