After nearly four years of fighting, Queener Law won a jury verdict in Arapahoe County, Colorado, against Starbucks.
For years, Starbucks Coffee Company knew that its roof and downspout leaked onto the sidewalk. In the colder months, the water on the sidewalk froze solid, covering the entire corner of the pavement. Customers walked across that pavement to get to their cars after spending money on coffee and tea at Starbucks. Employees complained. Customers fell and were injured. Yet Starbucks did nothing to fix it.
Sometimes Starbucks threw ice melt on the sidewalk. Sometimes they shoveled it. Most of the time, they did nothing.
In 2019, our client stopped at Starbucks to get tea on his way to a business meeting. When he was walking back to his car, he came around the blind corner and stepped on the sheet of ice. His feet flew out from under him and he landed on his back and outstretched arm. He tore his shoulder and suffered multiple, severe injuries to his spine. Our client went to the emergency room and a series of specialists. He had shoulder surgery, spinal procedures, and years of rehabilitation.
What did Starbucks do? Nothing. They did not make an incident report. They did not offer to pay his medical bills.
Starbucks offered him a $50 gift card and their well wishes.
It took our client nearly $200,000 in medical debt to get his shoulder fixed and his spine back to the point that he could still work. His spinal injuries are permanent and he will never be the same. But all Starbucks offered him was that $50 gift card.
Queener Law’s history shows our team wins trials.
We took the case on his behalf and pushed Starbucks to take accountability.
During the litigation, Starbucks’ representatives testified that Starbucks maintains “a culture of safety,” but admitted that nothing was done on the day our client fell to treat the ice, warn customers, or make it safe. Nothing. Their team of attorneys created false scenarios about our client, claiming he was faking his injuries, exaggerating his losses, and maybe didn’t even fall in the first place. The Starbucks team tried any and every tactic they could to avoid taking responsibility.
At trial, our team showed video from the scene of the fall. We called our client’s doctors in to testify that not only are his injuries real, they are permanent. We had an economist testify about the financial hardships Starbucks’ negligence caused him. The proof was clear.
The Arapahoe County jury returned a verdict quickly and clearly.
They found that Starbucks was negligent and responsible for our client’s injuries. Their six-figure verdict put our client back on the road to recovery.
We are beyond grateful to our client for trusting us with his case and to the jury for bringing justice.
When Queener Law litigates cases, our team wins trials. We see justice done or we don’t quit pushing.
What should people look for when seeking legal representation for a car wreck case?
What should people look for when seeking legal representation for a car wreck case? In my opinion lawyers are a lot like doctors. So, if you’re going to have a shoulder surgery go to an orthopedic doctor who specializes in shoulder surgeries. Your odds of a greater outcome will increase.
Likewise with attorneys, if you have been involved in a serious accident with a tractor trailer, hire a personal injury attorney who has extensive knowledge of the Federal Motor Carrier Safety rules and regulations. Please don’t hire the local criminal lawyer or the estate attorney who handled your mom’s will. If you hire an attorney who does a little bit of everything…you know the saying, “jack of all trades, master of none”. How does this attorney stay on top of all those different areas of law? They don’t.
It is very important to do your research and ask questions when you hire anyone. When you call an attorney for a consultation, it’s okay to ask what types of personal injury cases the attorney has handled. Ask how often they go to trial and if they have experience working with your specific type of car wreck injuries.
Insurance companies also factor in the capabilities of the attorney on the other side. Your car wreck settlement can be affected by your attorney’s knowledge and abilities to work through the case. Choose who you hire very carefully.
Is a GoFundMe Account a Good Idea After a Car Wreck in Tennessee?
Attorney Henry Queener
Starting a GoFundMe account after a car wreck may sound like a good idea, but did you know that it could affect how your car insurance pays out? Let me briefly illustrate a scenario for you.
Let’s say you are in a car wreck, caused by someone who was distracted by their cell phone. In this situation, you have no health insurance, and your medical bills total a whopping $35,000. The guy who ran the stop sign has no car insurance. You have full coverage under Tennessee law, including uninsured motorist (this covers you when the at- fault driver does not have car insurance). However, your underinsured motorist policy limit is $25,000. Since your medical bills total $35,000, you decide to start a GoFundMe account and successfully make up the $10,000 difference. Time to celebrate this brush with medical debt? Nope.
Under Tennessee law your underinsured motorist carrier gets a credit for any money you raise from any source. Yep, that’s right! So, your check from the insurance company is only for $15,000, not the policy limit of $25,000. The $10,000 you raised from your GoFundMe account saved the insurance company from paying its policy limit of $25,000. You essentially worked for an insurance company for free and still have $10,000 in medical bills!
Before you talk to an insurance company or agree to any settlement offers give our Tennessee Accident Attorney Henry Queener a call. If you deal with them first, you could forfeit your right to fair and appropriate financial recovery. When you need a Tennessee accident attorney contact Queener Law for a free case evaluation.
Distracted driving has become an epidemic across the country with Tennessee leading this unfavorable distinction. A recent study identified Tennessee as having the highest rate of distracted driving deaths in the nation, suffering nearly five times the national average of collisions due to distraction. Even with fewer drivers on the road during the Covid-19 pandemic, Tennessee reported over 9,000 distracted driving accidents. Distracted driving is not only texting while driving. It could also be setting your GPS, talking on your phone, eating or even applying makeup. Any activity behind that wheel that takes your attention away from driving is a distraction. A two second text could result in a serious crash causing injuries and fatalities. April has been designated Distracted Driving Awareness Month. It’s a great opportunity to take a minute to evaluate our driving choices and responsibilities. NHTSA has provided drivers with helpful tips listed below.
Tips to Avoid Distracted Driving
Need to send a text? Pull over and park your car in a safe location. Only then is it safe to send or read a text.
Designate your passenger as your “designated texter.” Allow them access to your phone to respond to calls or messages.
Do not scroll through apps, including social media, while driving. Cell phone use can be habit-forming. Struggling to not text and drive? Put the cell phone in the trunk, glove box, or back seat of the vehicle until you arrive at your destination.
Tennessee Law
Tennessee has taken steps to educate drivers and curb distracted driving by passing legislation in 2019 called the “Hands Free Law”. According to Public Chapter No. 412, it is illegal for a driver to:
(a) hold a cellphone or mobile device with any part of their body
(b) write, send, or read any text-based communication
(c) reach for a cellphone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a seat belt
(d) watch a video or movie on a cellphone or mobile device
(e) record or broadcast video on a cellphone or mobile device
Texting while driving is considered a “primary” offense in Tennessee, meaning law enforcement officers can pull you over without having to witness any other violation if they see you texting. Furthermore, the Department of Safety and Homeland Security has stated that the District Attorney’s Office has the authority to check phone records if distracted driving is suspected after a serious injury or fatal crash. Distracted driving is dangerous, irresponsible and most importantly, preventable. The consequences can be deadly or leave those involved with serious lifelong injuries to deal with. If you were hurt in a crash by a distracted driver, you may be eligible for financial compensation. Contact our office for a free consultation or live chat with us today.
Driving in winter weather can be challenging enough. Throw in an inexperienced or even an inconsiderate driver – and you may have more than just a “wintry mix”. You could have a recipe for disaster. Getting stuck behind a driver spinning their wheels or not paying attention is annoying – and most of all, it’s downright dangerous. Even though road conditions may cause challenging driving hazards, you are still ultimately responsible for how you handle your car on the road. This means, you need to take extra precautions in inclement weather to avoid causing an accident. Winter driving calls for plenty of patience and in most cases, a little bit of common sense. Below you’ll find ways to spot a rookie winter driver – and most importantly, how to avoid looking like one yourself.
5 Common Mistakes of Winter Drivers
Speeding: Speeding can get you in trouble anytime of the year. However, speeding in snowy or icy conditions means you’re much more likely to lose control of your vehicle. Driving UNDER the speed limit in inclement weather is smart. Always allow extra time to get to your destination.
Tailgating: It’s never okay to tailgate. You should always allow plenty of distance for stopping, especially in winter months. Patches of ice are not always visible and can impede your ability to stop.
Getting stuck: Never attempt to drive through large bodies of standing water or drifts of snow. For your own safety, recognize when to stay off the road all together. It’s helpful to know current road conditions along your route.
Ice on windows: Driving without full visibility is like driving blindfolded. Always allow time for your car’s defroster to work and always use an ice scraper to clear your windshield ENTIRELY. Don’t forget to clear the snow on your car roof too!
Driving with high beams: No, high beams do not increase your vision during whiteouts or heavy snowfall. Blinding other drivers is the only thing accomplished here. Don’t be THAT driver.
Unfortunately, other people’s driving can be just as unpredictable as winter weather. Make sure to stay up to date with the most current weather forecasts and plan accordingly. The National Weather Service is a great resource to use on the go! At Queener Law, we hope everyone stays safe on the road. Contact us when you have questions related to an auto accident. We are always here to help you.
You have just been rear ended by a distracted driver. Your injuries are typical with this type of wreck and you seek medical attention. Fast forward a few days, you start to get phone calls from the at-fault driver’s insurance company offering you a check. You just need to sign a release. What do you do? Take the money? The offer is pretty good and the holidays are just right around the corner… Attorney Henry Queener recently took on a seemingly simple case that went downhill fairly quickly. In the beginning, the client felt competent enough to deal with the insurance company on her own. This is a common mistake that we see quite often at Queener Law. Below is just one example of how “representing” yourself can go wrong.
Case in Point:
“We recently had a very nice lady call our office for help. She was concerned because the deadline for filing paperwork in the courthouse, also known as a statute of limitations, was only one month away. A heating and air-conditioning company truck had rear ended her at a stoplight. This particular business’s insurance company was offering her $25,000 and was really starting to hound her with phone calls, begging her to take the check. She was starting to feel uneasy. She finally called us wanting to know what her case was worth. Should she just take the $25,000 or hire an attorney? I explained to her that first and foremost, we needed to know the total of all the medical services she has received. She did not know, but she had a guess.
I then asked her who had been paying for the medical care she had been receiving. She told me that the at-fault driver‘s insurance company had used $5000 they had available for medical payments and then her own auto insurance volunteered to use $5000. After that Tricare, which is health insurance for those who have been in the military, and Medicare started paying for her medical care. Boy, was she surprised by what I told her next. I explained that she would have to open an account with both Tricare and Medicare to find out exactly how much they had paid out. By accepting the settlement money from the heating and air-conditioning‘s insurance company (you know, the quick check) she would automatically become obligated to pay Tricare and Medicare back. (Most likely this would eat up the initial offer of $25,000. What about future medical costs, loss of earnings, pain and suffering?)
She then had a dawning of realization. She had been getting letters from Medicare asking about the status of her settlement and did not really understand why she was getting them. Now she understood and it was so clear to her! Medicare was asking about the status of her settlement because Medicare was expecting payment out of her settlement. I then told her the news is worse than that. Her own auto insurance company did not do her any favors by using its $5000 for medical payments. Under Tennessee law, she has to pay them back too. She would’ve been better off if her auto insurance had never paid anything at all! She began to realize that she should have hired an attorney earlier in the process. AND, this is just the tip of the iceberg. There are several other things that have occurred in her case that are not helpful.
Unfortunately, insurance companies ARE NOT obligated to work together for your best outcome. Furthermore, many insurance agents and insurance adjusters often have a very poor understanding of insurance law and even their own insurance policies. She has now hired us. We are diligently working for our client, so that when her case is settled, it will be her money free and clear.” If you are ever faced with the aftermath of an accident, DO NOT attempt to deal with an insurance company alone. Your job is to focus on your recovery, our job is to deal with the insurance companies. Let Queener Law work for you. Contact us for a free case evaluation.
