An Analysis Of Two Motor Vehicle Claims Uncovers Variables Impacting Outcomes

 By: J. Hernandez
There are at least eleven motor vehicle accidents each minute. And five to six people are injured in a motor vehicle accident each minute. Nearly 4 individuals per minute will experience an irreversible injury as a result of a motor vehicle accident. Attorneys knowledgable about how to pursue motor vehicle accident claims recognize that each claim has unique circumstances and challenges. In what follows we look at 3 separate lawsuits to determine what lessons can be learned from them.

The defendant driver in one 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 entered the intersection without stopping he broad-sided a second car. The driver of that auto suffered an injury to the nerve in her left hand.left-hand nerve damage, and herniated discs in both his neck and lower back. He had to undergo a total of 4 surgeries for his neck and back and yet another surgery for his arm. He was not able to play] sports, something he had previously tremendously enjoyed, following the accident. The law firm that handled this case documented a combined settlement in the amount of $900,000 from the driver, the owners of the truck, and the pizzeria.

In a different claim, a driver lost control of her car, crossed lanes, and hit a vehicle coming in the opposite direction in a head-on collision. Because of the accident, the driver of the car that was hit suffered injuries to both her cervical and lumbar discs, and tore both the lateral and medial menisci of her right knee. She required surgery for her knee injury. The defendant driver had a maximum of $100,000 coverage in her insurance policy. The matter went to trial and the law firm that represented the plaintiff reported that they were able to obtain a jury verdict for the sum of $625,000 for the plaintiff. It was not clear from the report whether the full sum was recovered (possiblye from the victim's own underinsured coverage, from a bad faith claim against the defendant's insurer or from other assets of the defendant).

A lesson is that there may be yet other parties who were not directly involved in the accident but who can still be held liable. In case 1 above, the pizzeria employed the driver who caused the accident. Given that the accident happened while the driver was acting within the scope of his employment, the pizzeria was liable. In addition, the owners of the truck were also liable.

The next lesson is that injuries from Motor vehicle accidents can have severe, Possibly Disastrous long-term consequences. These may include lifelong disabilities, the necessity for costly medical treatment, the loss of time from work or even an inability to continue working altogether, and permanent pain.

Finally, it is essential to understand that the majority of people carry insufficient insurance to effectively cover substantial injury. The majority of drivers actually have merely the minimum coverage necassaru under the law. One should thus have sufficient uninsured and underinsured coverage in one's own insurance policy in the event one suffers a serious or possibly catastrophic injury. Raising one's coverage in this way is a fairly modest cost compared to the risk of what can happen if one is not adequately insured.
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Article Tags: fatal car accident

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