
Major Accident Caused by Flatbed Tow Truck Making a Three-Point U-Turn on Highway
See how BD&J used 3D spinal fusion animation to overcome character bias and secure a $21.3M verdict against a tow truck company.
Watch the Case FeatureIn the early hours of the morning, a tow-truck driver on a highway made a catastrophic mistake. Tasked with the safe operation of a large flatbed tow truck, the driver decided to make a reckless U-Turn on a 55-mile-per-hour stretch of road. The driver engaged in a three-point maneuver, blocking the highway. With no lights or reflectors along its sides, the sudden left turn made the flatbed extremely difficult to see head-on in the pre-dawn light. This miscalculation had dire consequences. Luis, an everyday commuter on his way to work, cruised down the other direction of the highway. He could barely make out the obstacle in the dimness. As soon as he realized what was in front of him, Luis slammed his brakes. However, he couldn’t bring the car to a full stop in time. He crashed into the side of the truck going 35-40 miles per hour. Tires screeched as glass shattered and metal crumpled as bones snapped and crunched. Luis was seriously injured, suffering several fractures that required surgery to heal.
Luis was rushed to the hospital immediately, where surgeons placed a pin to stabilize his right wrist. The broken bone in his right leg pierced through his skin and required surgical placement of screws and rods. An injury to his back required a lumbar fusion: removal and stabilizing replacement of one of the discs in his lower spine. Despite the immediate treatment, Luis continued to need medical interventions, rehabilitation, and the expertise of several specialists. Three years after the accident, Luis continued to suffer complications, including an infection in his left knee. Chronic pain plagued him in his daily activities. Though only about 30 years old, he couldn’t play with his young daughters. Instead of joyously celebrating holidays with his family as he once did, constant pain weighed him down.
Fortunately, one of Luis’s friends had previously been represented by BD&J Law Firm and he referred Luis to the firm. Luis connected with Shawn McCann, Jesse French, and Garret Valerio, a trio of trial lawyers at the firm who specialized in catastrophic injury, wrongful death, and traumatic brain injury. They immediately understood Luis’s pain and the challenges he would face in court. Determined to help him and his young family have a better future beyond his incapacitating pain, the attorneys set to work. The team and staff started motions in limine and collected video, photos, and demonstrative materials.
The opposing counsel was adamant that Luis was speeding and inattentive at the time of the crash. They leaned on felony convictions and drug use from his distant past, to paint him as the type of person who would be wholly negligent in an accident like this. Contrary to their narrative, Luis had spent years turning his life around. Unwilling to let Luis be defined that way, Shawn, Jesse, and Garret fought the admissibility of his previous charges. Still, establishing liability would be an issue — one that would compete with the immense nature of Luis’s injuries.
The truth was that this accident forever altered Luis’s ability to live a normal life. The attorneys consulted an accident reconstructionist, a toxicologist, and a human factors expert to address the crash. And for damages, the team had doctors and the operating surgeon to explain their plaintiff’s injuries. They also engaged a trucking expert to comment on tow-truck policies to assess the defendant’s violations. The testimony of his physician would be important to communicate the gravity of the surgery he needed.
However, Luis’s orthopedic surgeon could only attend the deposition remotely, and his visuals didn’t hold up to the format. He had a clear plastic model of the spine to demonstrate the procedure and its invasiveness — which was not readily visible through video conference. Having worked with DK Global before, Shawn and Jesse knew that their animations were invaluable in helping juries understand complex concepts, such as the surgeon’s explanation of spinal surgeries. Luis’s lawyers reached out to DK Global early to get working on an animation. DK Global coordinated with both the local doctor and the remote operating surgeon — who was abroad in Europe at the time — to develop a comprehensive visual. The defense even raised objections to its use, but Luis’s team proved that the animation was vital in making the procedure understandable to non-experts.
The video showed the jury the step-by-step procedure for Luis’s back surgery. The animation started by showing an incision made through the lower abdominal wall. Then, it displayed how abdominal organs were retracted, revealing the major vasculature. After which, the aorta and inferior vena cava were moved to access the lumbar spine. Next, the disc cushioning the space between the L4 and L5 vertebrae was cut away and removed. Finally, a cage with an allograft was inserted in place and screwed into the L4 and L5 vertebrae to stabilize the spinal segments before closing.
The defense stonewalled till the very end. From the pretrial settlement conference up to trial, the defense offered only $100,000 for all the harm the victim sustained. At trial, they went all in to attack Luis’s character. Undeterred, Shawn, Jesse, and Garret stuck to the facts, their experts, and their visuals. The trial lasted five weeks. After five days of deliberation, jurors returned a verdict of $21,363,898.08 with 60% comparative fault assigned to the tow-truck company. Not only did his lawyers believe him, but the jury did, too. Jurors later expressed appreciation for the visual aids. They noted that the graphics helped them understand the injuries, the surgeries, and Luis’s experience through the extensive medical interventions. Following the trial, Luis was able to continue receiving the specialized medical care he’ll need in the future.
Shawn McCann is a Partner at BD&J specializing in catastrophic injury, wrongful death, and traumatic brain injury cases. He has practiced law for over 20 years and has several awards, including 2026 Best of L.A. Legal — Los Angeles Magazine, 2026 Lawdragon 500 Leading Plaintiff Consumer Lawyers, and Best Lawyers 2026. Some of his many memberships include the California State Bar, the Consumer Attorneys Association of Los Angeles, the American Association of Justice, and American Board of Trial Associates.
Jesse French is a Junior Partner at BD&J, specializing in major personal injury litigation, especially related to vehicle collisions, unsafe property, and dangerous products. His honors include membership in the National Trial Lawyers Top 40 under 40, America’s Top 100 Personal Injury Attorneys, National Trial Lawyers Top 100, and Top 10 Verdicts in California. He was named among the Super Lawyers Rising Stars. Jesse is a member of the American Bar Association, Consumer Attorneys of California, Consumer Attorneys Association of Los Angeles, American Association of Justice, and Harry S. Truman Foundation.
Garret Valerio is a trial lawyer at BD&J. He is a fifth-year attorney specializing in wrongful death and catastrophic injury cases. Garret is a member of the State Bar of California and of the Consumer Attorneys Association of Los Angeles.
DK Global had to work through the three-ring circus and came through really well with [our experts], overcoming the evidentiary objections of defense counsel... [and really] making this back surgery clear and understandable to people who had no idea what we were talking about.
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