Tow truck driver allegedly ran stop sign, causing crash
A man whose car collided with a tow truck in rural Illinois after the tow truck's driver ran a stop sign has settled his personal injury lawsuit against the towing company for $445,000.
In 2010, the plaintiff was driving to his job as a security guard. At 6:44 a.m., as the plaintiff approached the intersection of Route 3 and St. Thomas Road, the tow truck driver ran a stop sign on St. Thomas Road. The plaintiff, unable to stop his car in time, crashed into the tow truck.
The plaintiff's airbag deployed, and he was thrown into the passenger side of his car, sustaining serious injuries when his left hand and right forearm struck the windshield. It took the fire department 30 minutes to pry the passenger door off the car and get the plaintiff out.
The plaintiff was transported to Gateway Medical Center, where it was found that both bones of his right forearm had shattered into multiple fragments, piercing the skin; that he had sustained serious injury to a tendon in his left pinkie finger; and that one of his finger joints had also been damaged. He was transferred to Barnes-Jewish Hospital, where he underwent surgery on his right forearm and left hand. Rod, screws and plates were inserted into the right arm, and the plaintiff was required to wear a long cast for four weeks, followed by a shorter cast for another four weeks.
Although the plaintiff was referred to the Milliken Hand Rehabilitation Center, he was forced to discontinue therapy after one visit because of the cost. He then began a home physical therapy regimen and was referred to Multicare Specialists for therapy of his right forearm and shoulder. The plaintiff made more than 50 visits to a physical therapist over a six-month period.
The plaintiff's left finger is now permanently misshapen, and his ability to grip with his right hand has been compromised. The plaintiff was fired from his job; his lost wages totaled approximately $20,000. He faces medical bills totaling approximately $114,000,
The tow truck driver - who, instead of checking on the plaintiff immediately after the crash, called his shop to report the collision - was ticketed for failure to yield the right of way and failing to reduce speed to avoid the crash.
Brown & Crouppen lawyer J. Brad Wilmoth represented the plaintiff. Wilmoth submitted a demand letter to the insurer of the tow truck company, asserting that the driver's actions were not only negligent but also willful and wanton, because the driver did not check on the plaintiff after the injury. Wilmoth asserted that the tow truck driver had completely disregarded the safety of others and that his actions merited an award of punitive damages.
Without admitting liability, insurer Country Financial agreed to settle the claim for $445,000.
