It is truly amazing how individuals can deny liability in cases when they are clearly at fault for having caused an accident.
Consider the case in which a 71 year old woman was the victim of a motor vehicle accident. She was a pedestrian who was hit by a van. As a result of the accident she suffered a fracture o the right occipital bone (the bone located at the lower back of the skull). She also suffered fractures to her right knee. This injury required an open reduction with internal fixation. Further, she suffered a subdural hematoma (a collection of blood in the brain resulting from trauma).
She was half-way through a crosswalk that was controlled by a traffic light when she was struck. The vehicle that hit her had been stopped for a red light prior to entering the intersection. The victim claimed that when she entered the crosswalk she had a steady go signal which turned to a flashing red light while she was in the crosswalk and was struck by the driver.
The driver claimed that he did not enter the intersection until the light turned green for him. The driver even produced two witnesses to state that the light was green for the driver when the accident occurred. The law firm that handled this matter took the position that
regardless of whether the driver had a green light or not, the victim was already in the middle of the crosswalk and thus had the right of way when the driver entered the crosswalk. He should have been focused with the victim in front of him rather than with the traffic light to his left. The law firm was able to obtain a settlement shortly before trial for $300,000, the entire amount of the van's insurance policy.
In this case the driver and the driver's insurance company blamed the victim for the accident. Essentially they took the position that, whether or not there was a pedestrian already in the crosswalk, as soon as the light turned green the driver and not the pedestrian in the crosswalk, had the right of way. They essentially took the position that, if a pedestrian takes too long to cross the street, drivers can get a free if they hit that pedestrian.
Not surprisingly the case settled prior to trial. But, as reported by the law firm that represented the victim, it settled only shortly before trial. Attorneys who represent victims in cases where the defendants that this type must prepare the case as though they will need to take it to trial. It is sometimes the only thing that will lead the defendants to finally settle the case.
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