Parents typically assume that their children will be safe when they go to school. The last thing they expect is that their son or daughter will be injured in a motor vehicle accident while crossing the street just in front of their school. After all, don't towns and counties in which the school is located make sure that there are signs reducing the speed limit in areas near schools and controlling intersections around the school with stop signs and traffic lights? And aren't drivers more careful in school zones? Do not be so sure.
Consider the very real case in which a car went through a mid-block crosswalk that was adjacent to a high school while a 15 year old student was crossing the street. As a result of the accident, the student sustained a traumatic brain injury. He was in a coma for three weeks. He had to undergo more than two months of difficult rehabilitation therapy. The medical bills came to about $700,000.
The long term effects of the injury include cognitive disabilities in memory, speech, and executive function. They also include physical disabilities in coordination and in gait and balance disturbances. On his return to school he could no longer keep up in regular classes and had to transfer to special education classes.
Due to the nature and extent of his disabilities he requires life-care. The life-care plan includes anticipated future medical expenses up to $3.5 million. And given his disabilities he suffered a loss of earning capacity of approximately $2.2 million. This is a measure of the difference in the income he was expected to have had if he had not been in the accident and the more limited income he will likely be able to earn due to
his accident related disabilities.
The law firm that handled this matter brought suit on behalf of the student's parents, both individually and on their son's behalf, against the driver and against the county. The claim against the county was based on the negligent maintenance of a school zone mid-block intersection that was not controlled by a signal light or a stop sign and that was zoned with a 45 m.p.h. speed limit. The driver admitted her negligence but claimed that the county and, yes, the victim were also at fault. The city, in turn, denied any liability for the accident and claimed that the driver and victim were the only ones at fault.
In preparing the case the law firm retained an accident reconstruction expert, a physician concentrating in pediatric neurology and traumatic brain injury, a life-care planning specialist, and an economist. The law firm reported that they took the case to trial. The jury reportedly found that the driver was 79 percent at fault, the county was 20 percent at fault, and the student was 1 percent at fault for the accident. According to the report by the law firm, they obtained a jury award of $9.14 million on behalf of the student and his parents.
The jury was clearly convinced that there were things that not just the driver but also the county could and should have done which would have prevented this accident. Perhaps every county should look to this case as an example of a foreseeable and avoidable tragedy and take steps to make the area around their school safe for children. And perhaps in doing the right thing they can avoid another terrible accident that forever changes the future of one of its students. And they can safe themselves from other significant jury verdicts.
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