There are at least 11 motor vehicle accidents every minute. And there are 5-6 individuals injured in a motor vehicle accident every minute. Approximately 4 individuals per minute will suffer from a permanent injury as a result of a motor vehicle accident. Each case is unique and presents its own individual challenge. Examples of three such cases are examined below in order to see the lessons that can be learned from how they were resolved.
Case Study 1:
The defendant driver in this case was in the scope and course of his employment as a delivery driver for a Pizzeria. He proceeded into an intersection without realizing that it was a controlled intersection. The stop sign for the intersection was blocked by a parked truck. The truck was in a no-parking zone. When the defendant driver entered the intersection without stopping he broad-sided a second car.
The plaintiff victim in the car that was broadsided suffered nerve damage to his hand and disc herniations in the neck and back. He needed 4 surgeries for the disc herniations. He also needed a separate surgery for his hand. After the accident he was no longer able to play sports, a favorite pastime of his. The law firm that represented the plaintiff victim was able to report that they achieved a settlement on his behalf from the driver, the truck owners, and the pizzeria employer for a total of $900,000.
Case Study 2:
The defendant driver in this case somehow lost control of the car she was driving. The car went across several lanes hitting one that was approaching from the opposite direction. The plaintiff victim suffered injuries to the discs at both the cervical and lumbar levels. She also suffered a meniscus tears in her knee.
She needed surgery for the knee injury.
The defendant driver had a maximum of $100,000 coverage in her insurance policy. The case went to trial and the law firm that handled the case was able to obtain a jury verdict of $625,000 for the plaintiff victim. It was not clear from the report whether the full amount was recovered (for example from the plaintiff victim's own underinsured coverage or from other assets of the defendant driver).
An important lesson that can be learned from these cases is that there may be individuals or even entities other than a driver who has at least partial responsibility for the accident. In the first case, for example, the driver was in the course and scope of his employment for a pizzeria at the time of the accident. As such, the pizzeria was also liable for the negligence of its driver. The owners of the truck that obstructed the stop sign while parked illegally were also partially at fault and thus were also liable.
Another important lesson is that victims of motor vehicle accidents can suffer serious injuries - injuries that can require extensive and expensive medical treatment, that can force the victim to lose time from work, and that can leave permanent disabilities. As a result, the recovery can be significant.
Finally, it is important to realize that most drivers do not have sufficient insurance coverage to adequately cover serious injury. Most drivers actually have only the minimum coverage required by law. One should thus carry sufficient uninsured and underinsured coverage in one's own insurance policy go guard against the risk of a serious or even catastrophic injury. Increasing one's coverage in this way is a relatively minor expense compared to the risk of what can happen if one is not adequately insured.
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