In April 2005, Baizer & Kolar obtained a $4 million settlement on behalf of a 55-year-old client who was seriously injured on October 1, 2003. On that date, a garbage truck crossed over the center line of Gilmer Road near Wauconda, Illinois and crashed head-on into a dump truck driven by Baizer & Kolar’s client. The collision caused extensive facial injuries and nearly killed Baizer & Kolar’s client. Joe Kolar and Bob Baizer handled the litigation against the garbage disposal company and its driver.

Investigating officers concluded that drugs did not play a role in the crash. However, in investigating the crash, Baizer & Kolar discovered that the garbage truck driver had used cocaine the night before the collision. Unfortunately, because the investigating police officers overlooked this information, it was too late to perform a laboratory analysis regarding the exact amount of cocaine ingested by the driver the night before the collision.

Not to be deterred, Baizer & Kolar aggressively pursued the information from the driver of the truck. Since he had pled guilty to simple traffic offenses for the collision, Baizer & Kolar argued that he could no longer assert his 5th Amendment right against self incrimination at his deposition regarding his cocaine use. The trial judge agreed with Baizer & Kolar and the driver was forced to answer questions at a deposition regarding his cocaine use. With that information from the driver, Baizer & Kolar retained a nationally renown expert on the effects of cocaine use on driving performance.

When it became apparent to the disposal company that a jury would hear evidence about the driver’s cocaine use, the company agreed to settle for $4 million. The $4 million settlement was four times more than the company initially stated it was willing to pay to settle the case.