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Trapp and Broussard — Car crash- Rear End- Multiple Fractures

Allstate pays policy limits after read-end crash

 A driver and his passenger were on their way to work in the pre-dawn hours when they stopped at a convenience store. As they pulled out of the convenience store parking lot and turned right onto LA Highway 384, they traveled approximately 122 feet and were struck from the rear by a Ford F150 truck. The force of the collision propelled Plaintiffs’ truck 202 feet forward, rolled it over, after which it came to rest in a ditch. 

Both Plaintiffs were men in their 30’s, working as welders. Plaintiff driver was hospitalized for three days. He sustained a grade 3 splenic laceration, multiple lumbar spine transverse process fractures, and bruises to his chest and abdomen. He returned to his work as a welder in two weeks. 

Plaintiff passenger was hospitalized for sixteen days. He sustained lacerations to the scalp and face, a right parietal bone fracture, a sternal fracture, a mandible fracture, a scapular fracture, a left tibial fracture, a left humeral fracture, and muscular and nerve damage to the left shoulder. He underwent surgeries for fixation of the left humeral fracture and left tibial fracture. He also required surgery for incision, drainage, and debridement of the scalp and facial lacerations. He returned to work as a welder in three months. 

The investigating State Trooper cited the Plaintiff driver for failure to yield. The other driver was cited for careless operation. A download of the crash data recorder from Defendant’s Ford truck showed that when Plaintiffs pulled out onto the highway the Ford F150 truck was traveling 86 mph, whereupon it accelerated to 96 mph at the point of collision. 

Plaintiffs obtained a Motion for Summary Judgment against Defendant on the issue of liability. The Third Circuit Court of Appeal reversed. While Plaintiffs’ writ application was pending at the Louisiana Supreme Court, the case settled for the available policy limits and legal interest in the total sum of $1,543,969.18. 

Trapp, et al. v. Martin and Allstate Property and Casualty Insurance Company, No. 2017-2028, 14th JDC, Calcasieu Parish, 10/18 Plaintiffs’ Counsel: Steven Broussard, Aaron Broussard, and Randall E. Hart of Broussard + Williamson, LLC, Lake Charles Plaintiffs’ experts: Nicholas M. Kasner, crash data retrieval technician and analyst, A&M Forensics and Engineering, Inc., College Station, TX; Dr. Larry Stokes, vocational rehabilitation, Metairie   

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“I remember my first meeting with these clients clearly. Even though they were busted up from head-to-toe, all they were worried about was getting back to work and take care of their families. That's the kind of people we like to help."

Aaron Broussard

Trapp v. Martin and Allstate Property and Casualty Insurance Company


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