Settlement For Child Injury In Side Swipe Car Accident

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.

On a cold February night around 7:00pm, our client, a two-year-old passenger in an automobile being operated by her mother’s friend, was traveling back home to drop one of the other passengers off. Before they made it home, they were involved in a serious car wreck.

The at-fault vehicle was traveling eastbound on US 378 near Conway, SC. Our client along with her mother and siblings were traveling westbound on US 378. As the two vehicles neared each other, the other driver swerved into the oncoming lane and violently sideswiped the vehicle our client was riding in.  Both vehicles were disabled on the opposite sides of the roadway. The at-fault driver secured the vehicle and fled the scene on foot.

The driver was identified the next day and confessed of going on a drinking binge that day, including the making and drinking of a screwdriver on his way to a bar near Johnsonville, SC. As he headed back home he leaned down to pick up his phone and swerved into oncoming lane. The driver admitted to fleeing the scene.

The minor was transported to Conway Medical Center where records state she was inconsolable, covered in shattered glass with blood from head to toe, and in desperate need of treatment. After undergoing CT-scans of her head, the findings were of a skull fracture. The minor was immediately rushed to the highest trauma emergency room in the area at Grand Strand Regional Hospital for further observation and evaluation. After two days in the hospital, the minor was discharged and instructed to follow up with neurosurgery.  Upon evaluation at UNC Healthcare, the doctors confirmed an occipital bone fracture and skull fracture and scheduled an MRI. The doctor noted that the minor was actively recovering from a concussive injury.
Everyone was hopeful that the minor would recover from her head injuries and become her normal self. However, four-months from the collision, the minor continued to display character changes, aggressiveness, sensitivity to light, headaches, and issues with balancing. After our attorneys reviewed the medical records of the child, The Derrick Law Firm sent the client for an Independent Medical Examination with a board-certified neurologist near Charleston, SC. 


During the evaluation, it was determined that the minor was suffering from a residual brain injury causing her to have imbalance and leaning to the right side as well as some minor nystagmus.
Because of all the factors involved with this accident including extensive medical treatment of a traumatic brain injury, and the extreme recklessness of the at-fault driver, our team at The Derrick Law Firm thoroughly evaluated all medical records, expenses, as well as the clear liability of the at-fault party and demanded full policy limits. The defense lawyer and insurance company delayed paying our client and argued whether the minor had suffered an actual traumatic brain injury.

Accident attorneys at The Derrick Law Firm provided experts opinions of the minor’s injuries and once again demanded full policy limits.
Due to our client being a minor, the mother had the option to obtain the full value of damages without filling ligation. The Derrick Law Firm settled this case for full policy limits.

Have You Been Injured In A South Carolina Area Car Accident?

If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Conway, South Carolina office directly at 843.248.7486 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.