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Client injured by a food delivery driver in Nashville wins a large confidential settlement

In May of 2023, our client and her mom were driving on Charlotte Avenue in Nashville, Tennessee. She was in the process of turning left onto 14th Avenue North. At that moment a vehicle failed to obey traffic controls and ran the red light causing a hard collision at the intersection. The negligent driver was in the process of delivering food for a food delivery corporation.

Our client was transported to Tristar Centennial Medical Center by EMS. Her right wrist was broken in the accident. The medical personnel sedated her to reset her wrist. She was released from the ER, but had to see an orthopedic surgeon at Tennessee Orthopedic Alliance to have surgery to correct her wrist. After her surgery, she had to stay in a splint. She was unable to start physical therapy right away due to the severity of her injury. She continued to have follow up appointments with her orthopedic surgeon until she was cleared to start occupational therapy. After 2.5 months, she was finally able to begin treatment with occupational therapy.

After the accident, our client knew that medical bills were going to pile up and she was going to be without a vehicle for months. Not to mention, she was trying to buy a house at the same time, putting her at a difficult crossroads having to decide between a car or a home. Three weeks after the accident, she called Weir & Kestner Injury Lawyers to help her navigate the complex legal world of food delivery car accidents.

When you’re dealing with food delivery companies like UberEats, Postmates, or GrubHub, determining the delivery status at the time of the accident is critical to the success of the case. UberEats and Postmates may have liability insurance on their drivers for injuries they cause. Grubhub, on the other hand, does not provide liability insurance for their drivers.

After our client was done treating her injuries, we performed a damages analysis prior to filing suit. This consists of calculating all past/future economic damages, while also projecting past/future noneconomic damages. The biggest factor is coming up with a range of what a jury might pay in the county where the accident occurred.

Prior to filing a lawsuit, we issued a settlement demand based on our damages analysis. There was some back and forth because insurance companies never want to offer fair compensation. But, with a rock solid case and damages report, the liability insurance carrier had little choice but to eventually offer a substantial amount, nearly five times our clients total medical bills. Our client made the decision to accept the offer and bypass a trial. We helped another client win her case, and lose her stress. She was able to put the entire accident behind her and move on with her life.


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