Smith & Hassler files lawsuit against drunk driver

Smith & Hassler recently filed a lawsuit against a drunk driver who injured a Houston area woman in a three car collision last August. The drunk driver crashed his Honda Accord into the rear of an Acura, the Acura was in turn pushed into the rear of our client’s Ford Mustang. All vehicles were damaged, the drunk driver’s Honda had to be towed from the scene. The drunk driver was arrested by a Harris County Sheriff’s Deputy and registered a BAC (Blood Alcohol Content) of .201.  That is approximately two-and-one-half times the legal limit for intoxication in the State of Texas (anything at or over .08 BAC is legally intoxicated under Texas law). The drunk driver pleaded guilty and was convicted of DWI a month later.

Our client was checked by an ambulance at the scene because she was complaining of back and neck pain, but she chose not to be transported to the hospital right away.  She later went to the emergency room, then followed up with physical therapy and an MRI to help determine the source of her neck pain.

An attempt was made to reach a fair and reasonable settlement with Amica Mutual Insurance Company, the liability insurer for the drunk driver. Amica received the settlement packet (which included the client’s medical bills and records) and, even though they had been given 30-days to evaluate the settlement packet, the very next day responded with an offer of $1,100 less than our client’s medical bills.

Smith & Hassler filed suit right away. Hopefully with an opportunity to re-evaluate, Amica County Mutual Insurance will reconsider their evaluation of the claim.