A woman, who suffered a serious neck injury after being rear-ended by a Texas Forest Service employee, has won her claim for injuries in a garage forecourt accident.
Brenda Nolen (51) from Texoma in Young County was sitting in her stationary Dodge pick-up alongside a garage forecourt when she was rear-ended by a Texas Forest Service employee who had fallen asleep at the wheel of his vehicle.
Brenda´s Dodge pick-up was forced across the forecourt and into a gas tank – which exploded on impact, trapping Brenda inside a burning vehicle. Fortunately Brenda was rescued from the wreckage of her burning truck by passers-by, but suffered a serious neck injury due to the collision.
Brenda underwent multiple surgeries for her neck injury and made a claim for injuries in a garage forecourt accident against the State of Texas – as the employer of the Texas Forest Service employee – to cover her medical expenses and the cost of a replacement vehicle.
The State of Texas denied their liability for her injuries, claiming immunity under the Homeland Security Act which states that employees of the Texas Forest Service are not liable for injuries or accidents that occur while they are en route to an emergency.
Through a lawyer, Brenda pursued her claim for injuries in a garage forecourt accident on the grounds that a sleeping Forest Service employee could not have been attending an emergency if he was asleep and, more than two years after the original accident, an undisclosed negotiated settlement was agreed between Brenda´s lawyers, the State of Texas and Brenda´s insurance company which will see Brenda receive enough for her to buy a new vehicle, but which fails to fully cover her medical expenses.