Pedestrian deaths are not uncommon in motor vehicle cases. Attorneys who represent the family of a victim in one of these cases need to use all their experience and skill to properly position the case and to thoroughly prepare the case for trial. This requires that the attorney understand the many issues that arise in catastrophic injury cases, have the skill and resources to
(1) overcome any defense denial of liability (a common position taken by defendants and insurance company adjusters),
(2) appreciate the nature and extent of the injuries suffered by the victim (including the need for future treatment and effects on the victim's ability to work and to enjoy life), and
(3) the many insurance issues that can arise (for example, defendants who are uninsured or underinsured, multiple defendants, employer or vehicle owner defendants, and excess insurance).
The attorney must also be able to take many other factors into account in determining whether to take the case to trial or advise the victim to accept a settlement. Some of these factors include whether a spouse or child (minor or adult) survives the victim, the victim's age, the victim's earning capacity, how the victim's family, defendants and any witnesses will be perceived at trial, the range of past verdicts by juries in the jurisdiction where the case will have to go to trial, and even the amount of risk the family of the victim is willing to tolerate,
Case 1:
This case involved a pedestrian accident that took place early morning, just after 6 a.m., at which time a vehicle struck a female pedestrian. The pedestrian victim, 66 years old at the time of the accident, was hit with such force that she was thrown 27 feet. As a result of the accident, the victim suffered an ankle fracture, a clavicle fracture, skull fractures, and fractures to several ribs. The trauma of the injuries was too much for her and she died at a local hospital after being transported there from the scene of the accident. Her husband, five adult children, and six grandchildren survive her.
An investigation by the police department uncovered that the vehicle which struck the victim had a dirty windshield but had not windshield cleaning fluid. The vehicle was also low on break fluid. Further, a witness reported to the police that the witness had seen the driver speeding just before the accident. The law firm that represented the family of the victim reported that it achieved a settlement during mediation of the case in the amount of
$725,000.
Case 2:
This pedestrian accident took place in the early evening hours. The driver in this case was a female. She struck a male pedestrian and left the scene of the accident. The pedestrian, who did not survive the accident, was a father with two children and held a job part-time. The local police began a search, were able to locate the female driver, and then arrested her. After her arrest she was charged with leaving the scene of an accident and with negligence operation resulting in a death. The law firm that handled this matter on behalf of the victim's family reported that they were able to obtain a settlement of $1.15 Million.
Both of the cases were resolved for a substantial settlement amount. The law firms that represented the families of the victims in these cases no doubt considered many factors - as discussed above - in helping the families decide to accept the settlement rather than go forward with a trial. Clearly, while both recoveries were substantial, the recovery in the second case was more than 50% larger than the recovery in the first case.
Consider the information contained in the reports of these cases. In the second case it is clear that the victim was working. We do not know, however, the details of his work history and so we are not able to calculate the loss of earning capacity in that case. In the first case, however, the victim was 66 years old. Given her age, it is likely that she was not working. Thus, it may not have been feasible to argue that there was a loss of earning potential.
The amount of coverage available under the applicable insurance policies may have also been different. It is possible that the settlements represent the upper range of available insurance. And we do not know anything about the way juries in the jurisdictions in which these cases would have gone to trial generally respond to these kinds of cases. Juries in certain jurisdictions are known to be much more generous to the families of the victims than juries in other jurisdictions.
While an attorney handling a pedestrian case involving the death of the victim must always be open to the possibility of settlement, the best course is normally to prepare the case as though it will go to trial. This is generally the most effective way to persuade a insurance company adjuster to make an offer of sufficient substance.
Author Resource:-
Joseph Hernandez is an Attorney focused on catastrophic injury cases. To learn more about how a pedestrian accident lawyer can help you visit his website at www.vehicle-accident-law.com.
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