Nancy Winkler recovered $1.25 million for a New Jersey woman seriously injured in an auto accident with a tractor trailer.
Winkler’s client was traveling down the interstate when a tractor trailer suddenly switched lanes striking the driver side of the plaintiff’s vehicle. As a result of the collision she lost control of the vehicle, traveled across two lanes of traffic, hit the curb, flipped over the guardrail and landed upright in a ditch. The tractor trailer driver claimed he never moved from his lane of traffic and did not impact the plaintiff’s vehicle. He testified that he saw the car moving to the side of the road through his rear view mirror and pulled over to see what happened.
The police report did not list any eye witnesses. The police dash cam videos were subpoenaed and Winkler was able to track down an eye witness to the accident who testified that the tractor trailer driver changed lanes and collided with the plaintiff’s vehicle. Unfortunately, by the time Winkler was retained, the plaintiff’s vehicle (which had been declared a total loss) had been sold for salvage. The defendant claimed that there was no damage to the tractor trailer and that the collision never occurred.
Winkler retained an accident reconstruction expert who through measurements, an inspection and analysis of the information created a 3D animation of the vehicles and was able to determine that the damage to the plaintiff’s vehicle was consistent with a collision with the tractor trailer changing lanes.
After surgery to her spine, the plaintiff who was in her early 50s cannot return to work and remains disabled receiving social security disability. Winkler was able to recover $1.25 million for her client through mediation.