Near Miss: A Delivery Driver's Harrowing Experience with a Fatal Car Accident

On the night of February 13, 1990, while delivering gas for Total Petroleum Northeast of Detroit, Michael, a delivery driver, narrowly escaped a fatal car accident on a four-lane road. The incident occurred near 12 Mile Rd, just after crossing Gratiot Rd, in the midst of a rainy night when streetlights were reflected from the windshield of a car driving Westbound, with the headlights off.

Immediate Actions and Survival

Michael, who had just dropped 9000 gallons at a gas station, was driving Eastbound on a road illuminated by streetlights. Judging the oncoming vehicle's speed at around 100 mph, he quickly reacted and took the truck off the shoulder to the side of the road. The oncoming car, with its lights off, crossed over and hit Michael's Mack truck head-on. The impact tore off the steering axle, pushed it under the seat into the battery box, and bent the truck's strongest frame section where the fifth-wheel sits. In the critical moments following the crash, Michael focused on securing his safety. He turned on the interior lights to locate his fire extinguisher, which was now under the dash, and then quickly turned them off to avoid starting an electrical fire.

Post-Accident Actions and Legal Consequences

Michael saw a person standing outside his truck, asking if he was alright. Realizing the other driver was dead, Michael had no choice but to cross the street and ask a homeowner to call the police. Simultaneously, the police, fire department, and ambulance arrived on the scene. Michael then drove himself to the terminal to pick up his car and, the following day, to the doctor to check out his injuries. The attending doctor recommended a lawyer and helped Michael navigate the initial stages of his workman’s compensation claim.

The Road to Legal and Compensation Success

Michael's first experience with the Michigan court system highlighted a significant issue. Many doctors would not treat injuries without guaranteeing payment, as workman’s compensation could take years to process. His employer offered to reassign him to the role of a gas station manager, but Michael declined. He knew that a 24/7 station operation with low-paid employees wouldn't be feasible, given the likelihood of employees not showing up and managers sleeping on the counter.

Legal Battles and Outcomes

Michael's workman’s compensation case progressed through all the lower courts successfully. However, his former employer's insurance company did not give up. Over a decade of legal battles ensued, with Michael facing numerous challenges and delays. Eventually, Michael's lawyer secured Social Security disability benefits to cover the costs of his corrective surgeries. Yet, Michael's injuries continued to worsen; his bilateral rotator cuff syndrome developed into bilateral bone spurs, which cut through both biceps tendons. The case finally reached the Michigan Supreme Court, where a justice who had received a $30,000 campaign contribution from an insurance company PAC appeared to have a vested interest in the case's outcome.

Despite interference attempts, Michael's legal team persevered, securing a favorable verdict in his favor.

Conclusion

Michael's experience serves as a reminder of the critical importance of safety on the road and the complexities of navigating both the legal and medical systems following a serious accident. It also highlights the intricate legal battles that can arise in workman’s compensation cases, often extending over many years and involving significant personal and financial impacts.

Keywords: car accident, workman's compensation, legal issues