$100,000 Settlement After Tampa Rear-End Crash Involving Disabled Vehicle
Our Tampa Car Accident Lawyers Took on the Insurance Company and Fought for Full Compensation
A quiet morning turned traumatic when a Tampa woman and her passenger were struck by a distracted driver while stopped on the side of Linebaugh Avenue West. The crash happened just after 6:30 a.m., while the occupants of the vehicle were addressing a fuel issue. What followed was a painful road to recovery, months of medical care, and an uphill battle with the insurance company—until Armando Personal Injury Law stepped in.
This case highlights how quickly lives can change due to another driver's inattention—and how important it is to have a Tampa car accident lawyer who won’t back down when the insurance company tries to minimize your claim.
Stopped on the Shoulder, Then Struck by a Distracted Driver
On February 6, 2022, our client and a male passenger were traveling west on Linebaugh Avenue in Tampa when they ran out of gas. The driver safely pulled over into the right lane near the curb, and the passenger began refueling the vehicle from a gas can.
With hazard lights activated and both occupants clearly visible, the vehicle remained at a stop when a commercial van approached from behind. According to the official crash report, the van’s driver didn’t notice the disabled vehicle until it was too late. He rear-ended the car with enough force to cause disabling damage to both vehicles.
The at-fault driver later told police he didn’t see the stopped car. The early hour, lack of alertness, and likely driver fatigue played a role in the crash. There was no indication of braking or evasive action before impact. The result: a violent collision that left our client seriously injured.
Injuries That Disrupted a Daily Life
The crash caused significant injuries to our client, a woman in her 40s. She immediately began experiencing neck and back pain—symptoms that grew worse over time. What started as soreness turned into months of physical therapy, chiropractic care, and spinal injections.
Ultimately, her doctors determined that conservative treatment wasn’t enough. She underwent neck surgery to relieve persistent pain and nerve compression caused by the crash. The procedure brought some relief, but the long-term physical toll remains part of her daily reality.
In cases like this, insurance companies often try to downplay the injuries or question the necessity of surgery. That’s exactly what happened here.
From a $10,000 Offer to a $100,000 Settlement
The at-fault driver’s insurance company initially offered just $10,000 to settle the claim. That’s all they thought her pain, surgery, lost time, and emotional trauma were worth. They pointed to the early hour, questioned how visible the vehicle really was, and tried to shift responsibility away from their insured.
But we weren’t about to let that stand.
Our dedicated legal team conducted a full investigation, obtained the official crash report, and used scene diagrams and police statements to establish clear liability. We showed how the other driver had a duty to remain alert—especially on a wide, straight, four-lane road with no weather hazards or obstructions.
When the insurance company refused to negotiate in good faith, we filed a lawsuit and prepared for trial. That’s when the conversation changed.
Faced with mounting evidence and a firm ready to go the distance, the defense agreed to settle. The result: a $100,000 resolution for our client—10x the initial offer.
Commercial Drivers Have a Higher Duty on the Road
One of the key factors in this case was that the at-fault driver was operating a commercial vehicle at the time of the crash. Commercial drivers are not held to the same standards as everyday motorists—they’re held to a higher one. That’s because the vehicles they operate are larger, heavier, and more dangerous when mishandled.
In Florida, commercial vehicle operators must follow strict safety regulations, including limits on driving hours, maintenance checks, and heightened awareness of roadside hazards. Fatigue and distraction behind the wheel of a commercial vehicle can lead to devastating outcomes—just like it did in this case.
Despite clear laws and expectations, companies often cut corners. They may fail to properly train drivers, ignore signs of overwork, or allow unsafe behaviors to continue. Whether the driver was fatigued from early morning work or simply not paying attention, the result was a preventable crash that left a woman seriously injured.
We made sure the insurance company understood the full weight of that responsibility. When a professional driver fails to uphold the safety standards of their role, the consequences fall on innocent people—and someone has to answer for that.
When a Lowball Offer Isn’t Just an Insult—It’s a Strategy
Insurance companies don’t make low offers by accident. The initial $10,000 proposal in this case wasn’t a miscalculation—it was a deliberate tactic. Insurance adjusters know that many injury victims are overwhelmed, in pain, and desperate for help. By throwing out a quick settlement early on, insurers hope people will take the money and move on—before the full scope of the injuries, treatment, and long-term costs are known.
In this case, our client could have easily accepted the $10,000 and been stuck paying out of pocket for ongoing care, missed income, and future surgery-related expenses. But instead she called us—and we made sure she got what she was truly owed.
It’s a reminder that these early settlement offers from insurance companies aren’t usually in the victim’s best interests. They’re part of a system designed to protect the insurer’s bottom line, not the injured person’s future. That’s why it’s so important to talk to a car accident lawyer before agreeing to anything.
Our legal team evaluates every case with one goal in mind: fair and full compensation. And if that means rejecting lowball offers and taking legal action, we’re more than ready to do it.
Why Disabled Vehicle Cases Require Aggressive Legal Representation
Crashes involving stopped vehicles are often wrongly framed as ambiguous or low value. Insurance companies try to blame victims for stopping in “unsafe” locations or argue that the crash was unavoidable.
That’s why these cases require a law firm that doesn’t back down—and knows how to present the full picture.
At Armando Personal Injury Law, we dig deep. We don’t just rely on surface-level facts or initial police reports. We rebuild the scene, demand accountability, and prove what really happened. And in this case, we helped our client secure justice, stability, and peace of mind after a traumatic wreck that could’ve been so much worse.
When You’ve Been Injured, You Need a Fighter in Your Corner
If you were hit while stopped on the side of the road—whether from a vehicle breakdown, flat tire, or emergency—don’t assume the at-fault driver’s insurance company will treat you fairly. These cases are more common than you think, and they often involve distraction, fatigue, or negligent commercial drivers.
Our team at Armando Personal Injury Law has recovered millions for crash victims across Tampa and throughout Florida. We understand the tactics insurance companies use to avoid responsibility, and we know how to counter them with facts, strategy, and relentless advocacy.
If you’ve been injured in a rear-end accident or struck while your vehicle was disabled, we’re ready to help. We offer free consultations, and you don’t pay unless we win. Contact us today to find out how we can help you.
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