We filed suit on behalf of a 30 year old female who suffered a serious low back injury when her SUV was sideswiped and forced off a highway by an 18 wheel over-the-road truck. The Defendant truck driver was changing lanes and merged into the lane occupied by our client’s vehicle when the collision occurred. The Defendant truck driver alleged: That client’s vehicle was in a blind spot: that client was improperly passing on the right: and that client had caused her vehicle to strike the truck. After we filed suit against the truck driver and his employer, a trucking company, the truck driver and company filed a counterclaim against client seeking reimbursement for truck repairs.
Our investigation determined that the truck driver pleaded guilty to a traffic ticket of improper lane change. Inspection of the truck revealed that the truck was equipped with a convex mirror which would have revealed the presence of clients vehicle had the driver exercised proper care and attention. Our investigation revealed no substantial evidence to support the Defendant’s allegation that client had caused the collision.
At the conclusion of our investigation, we notified defense counsel of our intention to file a malicious prosecution case against the Defendants in light of the groundless counterclaim Defendants had filed against client.
The case was settled shortly before trial. The settlement encompassed both the clients injury claim and the malicious prosecution claim. (Confidential settlement).