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Teen Driver’s Over-Correction Causes Rollover and MTBI Injury – $515,000 Settlement

The senior year of high school is an exciting time for teenagers, especially those preparing to graduate. For three male students on their way to have senior photos taken, that excitement turned into terror as their vehicle hit a ‘bump’ in the road.

The unlicensed driver veered into oncoming traffic and over-corrected to the right to return to his lane. Moving at a speed of nearly 55 mph, the car careened off the road, flipped into the air and crashed into a tree near the roadside. The overturned vehicle slid hard into the embankment on its passenger side where our client was crumpled in the front passenger seat.

The collision resulted in mild traumatic brain injury (MTBI) and vestibular injuries for our client, affecting his balance, vision, mental focus and thought processes. The student, who up to that time had a 4.0+ GPA and had already been accepted to several California universities, could no longer concentrate on his studies, sports and volunteer activities as he had before. As a result, he could not participate in baseball or track during his senior year which meant forgoing their possible scholarships.

Despite his own insurance company’s efforts to diminish the severity of his injuries and claims that he was completely healed, Dunnion Law instead made sure the client received appropriate medical care and treatment for his injuries. The doctors’ diagnoses of MTBI and Vestibular Injury gave our client access to a therapist and a neuropsychologist that enable him to improve his mental health and capabilities.

Reluctant to increase its liability and compensate him for his injuries, his insurance company persisted in a request to conduct extensive tests and multiple rounds of depositions with the client. Dunnion Law fiercely defended him, gathering prodigious research and expert medical testimony on the extent of his brain injuries in order to save him from the agony of reliving the trauma of the accident and its aftermath.

After demonstrating the extent of our client’s injuries, the insurance company raised its initial offer of $10,000 by a few thousand dollars. Our attorneys refused the incremental increases and argued further the extensive damage and losses our client suffered, including sports scholarships and the daily struggles with mental cognition that he will have for the foreseeable future.

Unwilling to risk further losses, the insurance company agreed to the full policy limit of $500,000, plus the additional $15,000 for med-pay claims. Armed with the right medical care and a total settlement of $515,000, our client is experiencing dramatic improvements in his mental functions and can now afford to attend virtually any course of study that he chooses.