Wilson v. Newton, Clackamas County Case No. CV123234232
In April of 2011 Mr. Wilson was driving his new pick-up on Highway 101 near Lincoln City with his wife in the passenger seat. A drunk driver coming the opposite direction suddenly took a left turn across Mr. Wilson’s lane causing a significant crash. The drunk driver had Allstate Insurance. They refused to even pay for the full value of Mr. Wilson’s truck. After getting frustrated with Allstate, the Wilsons began looking for a personal injury lawyer who handles drunk driving accidents. They contacted my office.
We went to work. First, we discovered that the driver was not just drunk but extremely drunk. Her blood alcohol content (BAC) was .34% – over four times the legal limit. But our case was not simple. Mr. Wilson’s medical care after the crash was limited. Furthermore, he had a significant pre-existing injury to the same elbow that was hurt in the crash.
Nevertheless, we filed a lawsuit and began preparing for trial. We demanded the full value of the truck, $100,000 policy limits for Mr. Wilson’s injury and compensation for Mrs. Wilson’s minor injuries. The defense took the position that Mr. Wilson suffered only an elbow strain to an arm that had significant preexisting problems. Even so, we stayed firm. Shortly before trial Allstate relented and paid the $100,000 policy limits to Mr. Wilson, compensated Mrs. Wilson for her injuries and paid the full value on the truck.