An Army truck ran a red light and t-boned our client causing a mild traumatic brain injury. As a result, our client suffered memory loss and other physical injuries requiring ongoing therapy. Our clients received $650,236 with lifetime benefits. Other case fees include $250,000 for attorneys’ fees and $99,673 in litigation expenses.
Our client was driving home after dropping her child off at school. She stopped at a red light. After she got the green, she proceeded through a Lawton, Oklahoma intersection. At the same time, an U.S. Army Truck Oshkosh PLS ran through the intersection. The army truck had a red light, but ignored it, and crashed directly into our client. An Army Truck Oshkosh PLS weighs over 20 tons and can reach speeds of 100 miles per hour. It is a 500 horsepower, heavy-tactical truck with a payload capacity of over 16 tons. On this particular day, the truck had about four tons of cargo. The truck was the part of a convoy lead by a Humvee and another PLS truck. It was the last truck in the convoy and was lagging behind the other trucks.
On this particular morning, it was raining and the road was wet. As the first vehicle (the Humvee) crossed the intersection, the light turned yellow. A second military PLS followed through the yellow light, which then turned red. The third army truck lagged about 100 feet behind this second military truck. Multiple witnesses described it as traveling “at a high rate of speed,” and “fast.”
Our client drove through the intersection when she received the green light. The military truck crashed into our client’s car in the middle of the intersection. The front of the military truck hit our client’s driver’s side door, where our client was sitting. Our client’s car spun counterclockwise 360 degrees and came to a rest in the southbound lane. Witnesses called the police, who came to investigate. Three witnesses to the crash provided statements to the police that they saw the military truck enter the intersection on a red light.
This army truck accident injury investigation by the police resulted in the military truck driver being cited for failing to stop at a steady red signal. The police noted that the unsafe and unlawful contributing factor in the collision causing this army truck accident injury was the military driver’s failure to stop for the signal. The truck driver pled no contest and was convicted of “failing to obey instructions on traffic control device” in violation of Okla. Stat. tit. 47, §11.201.
Even though our client was wearing her shoulder and lap seatbelt, the collision report noted that she had “incapacitating” injury to her head, abdomen (both internal and external), arms and legs.” She was taken away from the crash scene in an ambulance to the hospital. Her car was totaled and towed away from the crash scene. The army driver drove the military PLS from the crash scene.
For our client, this army truck accident injury resulted in serious and permanent life-altering problems. She suffered a closed head injury, fractured ribs, collapsed lung, complex lacerations in her abdominal/pelvic area, hematomas, internal injuries, multiple soft tissue contusions and abrasions, including open wound wrist, jaw, and a contusion of her buttocks. Her medical records indicate that she had “resultant immobilization” for over two and a half months after the crash and “severe muscular contusions with likely micro focal bleeding and scarring.” Her doctor diagnosed her with whiplash syndrome to multiple segments of her spine. As a result of the army truck wreck injury, our client has undergone several surgeries and medical procedures to treat the injuries she sustained.
Prior to the army truck accident injury, our client was very active and involved in her daughters’ lives and as head of the household while her husband was serving overseas in the Iraq war. She had no significant medical history or injuries, and was otherwise physically and mentally healthy. Following the crash, her doctors noted that she has symptoms of increased anxiety, fear of the future, crying spells, insomnia and nightmares. She was diagnosed as having severe, acute stress disorder, recurrent migraines, short term memory loss, nervous instability, intermittent blurry vision, nausea, decreased attention span, and chronic post-concussion syndrome. As a result of the army truck accident injury, she has also been diagnosed with Post Traumatic Stress Disorder (PTSD) for which she also needed treatment. Her neurologist reported continuous, nagging and sharp pain with migraines. She has reported trouble concentrating and memory problems. A neurological exam taken showed evidence of decreased attention span and problems with short term memory. The experts in the case opined that our client had a permanent, life-changing brain injury, also known as a traumatic brain injury.
Kinnaird v. United States