Our client was a passenger in a motor vehicle driven by his friend. Heading southbound on the New Jersey Turnpike, they were rear-ended by the defendant. The Defendant claimed he was in the middle lane, and was cut off by our client’s vehicle which came from the right lane into the middle lane as traffic slowed for construction. Although our client’s friend told police at the scene that he was in the middle lane when struck from the rear - he denied ever switching lanes. The police officer testified that evidence at the scene, including skid marks, indicated that contrary to both drivers’ statements, the accident occurred in the right lane. The vehicle our client was in, was pushed by the defendant’s tractor trailer into another tractor trailer, and our client had to be extricated by the police from the vehicle. His injuries included a fractured shoulder, a fractured knee requiring surgery, a fractured left ankle, and, a compound fracture of the right heel which also ultimately required surgical treatment. The defendant’s insurance company explicitly excluded this particular driver from coverage, although they would ordinarily have disclaimed coverage they were prohibited from doing so by Federal Law covering interstate trucks.
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