Gene Toscano, Inc. represented a 44-year-old IT professional who sustained serious neck and back injuries after being rear-ended on the U.S. Highway 281 access road in San Antonio.
The plaintiff was driving a sedan when his vehicle was struck from behind by a sport utility vehicle. The driver of the SUV admitted to misjudging the distance while checking for a lane change. While fault was acknowledged, the defense attempted to downplay the severity of the crash and disputed the extent of the plaintiff’s injuries.
Three days after the collision, the plaintiff began treatment for ongoing neck and lower back pain. Imaging revealed multiple herniated and protruding discs in both the cervical and lumbar spine, with nerve root impingement, radicular symptoms, and numbness in the arms and legs. After a brief recovery period, symptoms returned and led to further rounds of therapy, MRIs, and cervical epidural steroid injections. An orthopedic surgeon later confirmed that the injuries were traumatic and permanent, and testified that surgical intervention would likely be required at an estimated cost of $330,000.
Despite ongoing pain that interfered with sleep and daily function, the defense argued that the condition was degenerative and exaggerated. They pointed to a 14-month treatment gap, the plaintiff’s ability to continue working two jobs, and his decision to delay surgery.
The jury found the defendant negligent and awarded $132,423 in damages to cover past medical expenses, physical impairment, and pain and suffering.
This result provided the plaintiff with the compensation needed to support his recovery and reinforced the importance of accountability in rear-end collisions caused by driver inattention.
