A commercial motor vehicle driver in a Ford F-350 approached an intersection regulated by a stop sign. Unfortunately, instead of being aware of the stop sign clearly ahead, he was distracted on his cell phone. He blew past a stop sign and crashed headlong into a smaller car carrying a mother and her three children. The collision caused the mother's vehicle to spin uncontrollably before coming to a stop. As the dust settled, the screams of two children pierced the air, but her third child was silent.
The mother's worst fear materialized — the four-year-old boy, who had innocently unbuckled his seatbelt without his mother's knowledge, lay unconscious in the backseat. The child had deep lacerations on his neck. The entire family was immediately rushed to the hospital. A medical team worked furiously to stabilize and suture the boy’s injuries, which included a traumatic brain injury. However, he succumbed to the trauma a few days later.
While at the hospital, the aggrieved parents contacted attorneys James Amaro and Anna McMullen of Amaro Law Firm. The duo dropped everything to be with the family. Their primary focus was comforting them and ensuring their well-being. Despite her inconsolable grief, the parents sought answers about what had happened to their family. Thus, James and Anna immediately got to work.
James and Anna conducted an in-depth examination of the accident scene. Fortunately, the surrounding area included a corner store with a security camera that captured the incident. After reviewing the footage, James and Anna discovered why the Defendant blew past the stop sign: he drove through the stop sign because he had been talking on the phone while holding it in his right hand.
Next, the duo deposed witnesses who corroborated the visual evidence by recounting observations of the at-fault driver's egregious neglect. They also filed motions to ensure these insights could be presented in the courtroom. Throughout the process, James and Anna discovered significant discrepancies between the driver's initial account and the stark reality in the video evidence.
The Defense quickly attempted to obscure the truth, dismissing the agony of the parents who had lost their child. They dared to blame the mother, claiming she should have known her son had unbuckled his seatbelt. Their strategy relied on a Supreme Court of Texas opinion that permitted the admissibility of evidence regarding seatbelt usage. If contributory negligence was deemed admissible on the mother's part, it could have significantly impacted the case's resolution. The Defense didn’t stop there. They filed motions to discredit James and Anna's experts. In addition, the Defense’s medical expert testified that the unusual pattern of injuries on the boy was difficult to explain.
To subvert the Defense’s allegations, James and Anna assembled multiple focus groups. The participants overwhelmingly agreed that the mother was not responsible regardless of the unbuckled seatbelt. However, a critical pain point persisted: the boy’s unique pattern of injuries. James and Anna reached out to DK Global for a solution to convey the facts with visual force.
The animation began with a 3D character model of the four-year-old boy. The visual peeled away layers of clothing, skin, and muscle to transparently expose the severe internal injuries sustained during the devastating collision. These included the two horizontal lacerations on his neck, ligamentous damage at the C2-C3 cervical spine, complete tracheal separation, as well as fractures and instabilities at multiple cervical levels. The animation then shifted to the bilateral lung injuries and the angulated, displaced fracture of the left femur. Next, the presentation transitioned into a depiction of the traumatic brain injuries. Radiological data was integrated into the 3D model to highlight cerebral edema and diffuse axonal injury. Throughout the presentation, custom graphics and text annotations guided the audience through the harrowing sequence of injuries, ensuring they understood the medical complexities involved.
The Defense was confronted with the undeniable truth. Between the security camera footage and DK Global animation, James and Anna convinced the Defense that this case would be open and shut if it went to trial. After weeks of intense and grueling mediation attempts, the Defense presented an offer that met their demands, with both parties agreeing to settle for just under $9,100,000.
James Amaro is the founder of Amaro Law Firm, where he has achieved national recognition for handling catastrophic injury, business disputes, and wrongful death cases since 2005. Over his career, James has garnered prestigious accolades, including The Best Lawyers in America (Litigation - Insurance, 2024), Top 100 Super Lawyers in Houston (2020-2023), and the Multi-Million Dollar Advocates Forum. He is actively involved with organizations like the Texas Trial Lawyers Association, the Houston Trial Lawyers Association, and the National Trial Lawyers. A University of Texas alumnus, James holds licenses to practice law in Texas, Wisconsin, Illinois, Colorado, and New Mexico.
Anna McMullen is an associate attorney at Amaro Law Firm, focusing primarily on motor vehicle collisions and premises liability cases. Since joining the firm in 2018, she has garnered accolades such as Top 40 Under 40 by National Trial Lawyers (2020, 2022), Super Lawyers Rising Stars (2021-2023), and Best Lawyers in America: Ones to Watch (2024). She is also involved with the Texas Trial Lawyers Association and as a Golf Committee Chair and Continuing Legal Education Chair for the Houston Trial Lawyers Association.
