On a summer day our client was driving on a divided highway in Marlborough, Massachusetts. While driving over the crest of a small incline, she noticed a commercial vehicle backing up the wrong way on the roadway.  It was too late and she was unable to stop.  She collided with this commercial vehicle and suffered severe injuries, including a right lateral tibial plateau fracture.  

The accident was very serious and a witness called 911 right away.  An ambulance transported the injured woman to the emergency room. Days later our client underwent open reduction internal fixation (surgery) for a right split depression lateral tibial plateau fracture.  The surgeon inserted proximal lateral tibial plateau plates.  This woman's recovery after the surgery was rough.  She was in constant pain and did not respond well to physical therapy.  She took a significant amount of pain medications and was completely unable to work.  

This particular client was referred to our office by a previous client. We met with this woman in the hospital and took immediate action. We began our investigation into the other driver and how the accident happened. Because the injuries were so severe, we wasted no time and filed a lawsuit for negligence against the other driver right away.  Through our investigation and discovery, we established the other driver's negligence due to the fact that the reason the vehicle was backing up on the roadway was because he missed his turn and didn’t want to have to drive up to the next exit.  We were able to settle the case at mediation for $275,000. 


Joseph M. Mahaney
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Injury lawyer serving car, truck, and motorcycle accident victims in Webster and Framingham, Massachusetts.