There are many ways in which drivers can become distracted, confused or disoriented. The problem, of course, is that they control a multi-ton piece of machinery that can cause devastating injuries, especially to pedestrians.
Consider the case in which the driver responsible for the motor vehicle accident was an elderly woman. She was trying to park her car in a diagonal parking space of a mall parking lot. Somehow she became confused and hit the accelerator pedal. Her car plunged onto the sidewalk where a woman was walking and plowed her right through a plate glass store window.
The woman ended up in a hospital for nine days with a compression fracture of the tibia (a major bone in the leg), tears of multiple major knee ligaments, and PTSD (post-traumatic stress disorder). She required open reduction surgery with internal fixation for the leg fracture. After the hospital stay she required two weeks at a rehabilitation facility after which she had to undergo intense physical therapy. She then required a second surgery a year later in order to remove the hardware in her leg. And then required a third surgery the year after that to repair the
knee ligaments. Then she had to undergo additional physical therapy.
She was unable to work for six months. When she did return to work she required the use of a cane for six months. She will likely never be able to be active in several sports which she enjoyed prior to the accident. She will likely need a knee replacement within ten years.
She incurred around $150,000 in medical bills and suffered a loss of earning capacity of approximately $50,000. The law firm that handled this matter reported that they obtained a $1.2 million settlement on behalf of the victim.
As this case demonstrates the injuries that can result from even a brief moment of confusion in a driver can be devastating. Handling these cases require understanding the nature of the damages, calculating the type and extent of medical care the victim will require in the future, the value of the loss of earning capacity, as well as the person's pain and suffering. And it requires understanding insurance issues and the ability to track and pursue possible sources of recovery. The recovery can be substantial but requires experience and skill on the part of the attorney.
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