Motor Vehicle Negligence – Commercial driver unable to return to work after crash

$750,000 settlement

Injuries alleged: Complete rotator cuff tear requiring arthroscopic repair, sprain of cervical spine ligaments, cervical disc disorder, muscle spasms and permanent neck and shoulder impairment

Tried before: Mediation

Date resolved: Feb. 25, 2026

Special damages: $92,000

Amount: $750,000

Attorneys for plaintiff: Mark T. Hurt, Mingkwan
E. Collins and P. Heith Reynolds, Abingdon, Mark Hurt Law Firm

Case description: The plaintiff, a commercial truck driver hauling gasoline in a tanker, suffered severe neck and shoulder injuries when another tractor-trailer rear-ended his vehicle. The plaintiff had slowed to approximately 20 to 25 mph with emergency flashers activated due to an accident ahead when the defendant’s fully loaded semi truck struck him from behind, causing the defendant’s vehicle to cross the center line into the median.

Two days after the collision, the plaintiff sought urgent care for severe neck pain and headache. He was referred to the emergency room, where CT scans ruled out fractures but revealed significant soft-tissue injury. The plaintiff was placed in a cervical collar and diagnosed with sprain of cervical spine ligaments and muscle spasms.

Initial treatment included physical therapy and occupational medicine care. Despite conservative treatment, the plaintiff’s condition worsened, and MRI revealed a complete rotator cuff tear. The plaintiff underwent left shoulder arthroscopy with arthroscopic double-row rotator cuff repair, subacromial decompression with partial acromioplasty, and debridement. Surgical findings included full-thickness supraspinatus and infraspinatus tendon tear, SLAP tear type II, severe biceps tendinosis and severe subacromial bursitis.

Medical providers restricted him from driving duties, overhead activities and lifting more than 5 to 10 pounds. The plaintiff was unable to pass his Department of Transportation
physical examination, and his commercial driver’s license for hazmat expired. The plaintiff reached maximum medical improvement but with permanent impairment and ongoing pain. Although cleared to return to full-duty work, this determination applied only to alternative employment, not to commercial truck driving, which remained medically contraindicated.

Workers’ compensation counsel successfully defended an employer’s application at hearing and successfully represented the claimant at the appellate level and through settlement negotiations. Challenges included conflicting medical reports, limited treatment documentation, and negotiating for the waiver of a substantial workers’ compensation lien to maximize the plaintiff’s net recovery.