Personal Injury Case Study

Hit-n-Run: Car Accident Story…

By Injury Claim Coach

Personal Injury Case Study

The following car accident story illustrates several important legal issues regarding rear-end collisions and hit-n-run. It reviews the accident, demonstrates liability, injuries, settlement negotiations, and the final case resolution.

The Accident…

Let's say a family of four was driving westbound down a busy four lane intersection within a Parkway or Highway in a sizeable sport utility vehicle (Vehicle One) traveling at a speed of 40-45 miles per hour during a light rain. The traffic was congested since there was a holiday sale taking place at the mall about 1/4 of a mile ahead and the occasional tourist visiting local attractions. As they drove, they noticed a dancing reindeer holding a sign advertising a sale.

The father was driving and his attention was drawn to the dancing reindeer as he looked away from the road for no more than 10 seconds or he answered his phone, and/ or checked SMS . When he looked back, the traffic immediately in front of him was completely stopped.

The father, unable to brake in time and due to the slick roadway, slammed into the car in front of him, a compact mini-car (Vehicle Two) in which an elderly man and his wife, Mr. and Mrs. Retired were traveling or hit a pedestrian on the cross walk, trying to cross the busy route. The rear-end collision or hit-n-run started a chain reaction causing the mini to slam into a motorcycle (Vehicle Three) driven by a 19-year old male with an 18 year old female passenger who was not wearing a helmet.

Liability…

The vehicle code in almost every jurisdiction in the U.S. requires drivers to allow a comfortable distance between themselves and the vehicle in front of them. It also requires a degree of care particularly when the road conditions are less than ideal (i.e. in this car accident story the light rain raised existing oils on the road surface making the roadway particularly slick). 

Furthermore, the driver is required to keep their eyes on the road avoiding distractions such as a dancing reindeer on the side of the road or his mobile phone in hand (phones have to be hands free). In this car accident story, when the driver of the SUV slammed into the mini he was at fault for failing to observe those basic rules of the road.

Some states will hold the initial driver responsible for the chain reaction and the subsequent damage and injury to the motorcyclist. However, other states may hold the driver of the mini partially liable under a contributory negligence theory – for “contributing to” the accident by also failing to allow a comfortable distance.

Injuries…

Vehicle One: In this vehicle, we have four passengers. Since the two children and two adults were seat belted, the injuries were no more severe than mild whiplash. (This occurs when the body is restrained by a seat belt but the neck is not. When the car jerks to a stop due to a collision, the head moves forward then backward in a whip like motion which can cause symptoms such as head aches, back pain and sometimes tingling sensations in the legs. The pedestrian could be killed ( worst case scenario ) or severely injured to include brain bleed and/or concussion causin sezures, finger, rib, pelvic or spinal facture(s) and assorted contusions. Retired pedestrians are more fragile due to their age, the driver of vehicle is responsible for their injuries because most jurisdictions hold that we take the plaintiff as they come – even with pre-existing conditions or fragile sensibilities, especially at crosswalks... experience 'road rash' from falling on the pavement or curb and the female or male pedestrian experienced a concussion)

Vehicle Two: In this vehicle, we have two elderly parties. Even though Mr. and Mrs., again retired pedestrians are more fragile due to their age, the driver of vehicle one is still responsible for their injuries because most jurisdictions hold that we take the plaintiff as they come – even with pre-existing conditions or fragile sensibilities.

They experienced whiplash, brain, neck and back pain due to the rear-end collision. However due to the size differences of each vehicle, the SUV caused extensive property damage and the impact would be more severe causing more significant injury.

Vehicle Three: These two were the most seriously injured because they did not have the protection of a vehicle. Both experience road rash from falling on the pavement and the female passenger experienced a concussion from failing to wear a helmet.

Negotiations…

In a rear-end collision such as this, the police will usually respond and make a Traffic Incident Report. Same with a hit-n-run.  Therein, any vehicle code violations would be noted as well as witness statements, injuries and over-all cause of the accident. When this occurs, it makes settlement negotiations quite easy because there is no real dispute as to what happened and re-telling your car accident story is not an issue.

Mr. and Mrs. Retired each went to their and/ or had to be taken to urgent care hospital, physical therapist, family doctor, chiropractor,  and was transported there by ambulance which cost $1,200 and incurred over $3,500 in chiropractic and general medical care at a hospital (at ICU care cost more,  they could incurred $5,800 in medical bills) and rehab center as well as $150 in out-of-pocket expenses. They each submitted a claim for about $15,350.00 ( plus $5,800 for ICU & subsequent rehab at an out patient facility ) to the adjuster which represents their medical bills multiplied by four plus their out-of-pocket expenses attributed to prescriptions, resident stay at nursing facility for 23 days to recover or convalesce (Medicaid/Medicare will pickup a percentage (80%) of cost 'till such time, elapses. The other 20% maybe paid by supplemental insurance).

The adjuster responded with a settlement offer of $3,800 which is slightly more than the medical expenses. This is common, however Mr. and Mrs. Retired counter-offered at $13,700 (plus, if applicable ICU care cost of $5,800 in medical bills) letting the adjuster know that they were serious about their settlement.

The driver of the motorcycle had to be taken to urgent care where he incurred $5,800 in medical bills. He needed to participate in 3 months of physical therapy for another $3,600 and he missed 4 weeks of work as an engineer where he makes $45 per hour full-time. He demanded $38,560 or 4 times his medical bills plus his lost wages...  plus loss wages $7,500. The adjuster countered at $19,000 as if he worked as a courier part-time.

His female passenger incurred $7,300 in medical bills in the emergency room and was transported there by ambulance which cost $1,200. She participated in 6 months of chiropractic for another $9,000. She demanded $70,000. The adjuster challenged the duration of treatment arguing that her chiropractic was excessive and offered $11,000.

Final Settlement…

The total insurance policy was only $50,000, therefore each of the four injured parties only had this sum to share. The final settlement was $8,000 each to Mr. and Mrs. Retired that's a subtotal of $16,000 ...$20,000 to the motorcycle driver and $14,000 to his passenger for a Grand Total of $50,000.00.

Important Points…

   * It is always a good idea to summon the police when you are in an auto collision. The police are charged with getting witness statements when all parties are present and when the car accident story is freshest in everyone’s mind.

   * Seatbelts and helmets are never to be ignored. Many jurisdictions’ laws now make wearing seatbelts and helmets mandatory.

  * The driver who rear-ends the car in front is almost always at fault, as well as the driver who hit a pedestrian at cross walk. Most states’ vehicle codes require that a driver leave a comfortable distance between his vehicle and the vehicle or pedestrian, in front. Particular care is required in hazardous conditions or if thete are pedestrian crossing at cross walk.

   * If you are injured in a car accident that wasn’t your fault and your medical bills exceed the insurance limits of the at-fault driver, you can pursue the driver personally for compensation via a law suit for their insurance company. If there is more than one party at fault you can pursue both parties. However, if it was indeed a hit-n-run and the individual driving is not found, there isn't much that can be done unless the insurance carried by victim includes an uninsured motorist clause.

Lawsuit Settlements...

...Pedestrian - Hit By Pick Up Truck

Mr. M. & Retired, working with another attorney negotiated an out of court settlement for injuries sustained by the client who was a pedestrian, and who sustained multiple injuries when he was struck by a pickup truck with a travel trailer attachment, reaching a settlement in excess of over $500,000.00.

Mr. M. & Motorcycle Driver, working with another attorney negotiated an out of court settlement for injuries sustained by the client who was a motorcyclist, and his passenger, both of whom sustained multiple life threatening injuries when he was struck by a pickup truck with a travel trailer attachment, reaching a settlement in excess of over $700,000.00.

...Mr. M. & Client Stick to Their Guns to Obtain Maximum Settlement

Plaintiff was a passenger in his & hers own vehicle, vehicles entered the intersection at approximately the same time collision resulted. Mr. M. filed suit against both drivers and chain reaction. Mr. M's clients sustained significant injury including a concussion, broken finger, ribs and broken pelvis. Defendants had combined policy limits of $200,000 and both Mr. M. and the client felt the case was worth more than the $200,000. The insurance companies offered $190,000.00 and the clients upon Mr. M's advice stuck to their guns and the case ultimately settled for the entire policy limits of both drivers totaling over $200,000.00 ( plus similar chain reaction suit(s) ).

...Elderly Woman & Man Rear-Ended

67 & 76 year old woman and man, respectively was rear-ended and pushed into another vehicle sustaining a back injury which resulted in lumbar laminectomy. Mr. M. filed suit and obtained a settlement of $105,000.00, eac.

...Pedestrian Crosses Street With Wife, Minor Son & Daughter - Struck By Distracted Driver

A pedestrian crossing the street with his wife her minor daughter & son, was struck by a distracted driver making a right turn, sustained ankle injury, concussion resulting unconsciousness of unspecified duration, sizures, fractured finger, ribs, pelvis and multiple contusions, settled for policy limits of $100.000.00 eac.

...Motorcycle - Low Speed Collision

Mr. M's client, a motorcyclist, was stopped in traffic for a red light, and was rear-ended by an SUV at a low speed, causing the Mr. M's client to be knocked from the motorcycle, female passenger and sustain a disc herniation. Despite the fact that Mr. M's client had a "fragile back," Mr. M. obtained a settlement of $80,000.00 eac. for his clients.

...Mr. M. Does Investigation and Obtains a Larger Settlement

A motorcyclist was struck by a woman making a left hand turn. Client sustained nemrous serious injuries. Despite the fact that the driver's insurance company offered the total amount of their policy of insurance of about $25,000.00, Attorney M. did not accept that, did an asset search of the defendant and found she owned a home and a business. Attorney M. obtained an additional $140,000.00 eac. from the defendant directly in addition to their insurance policy of $25,000 for a total settlement of $165,000.00 eac.

...Driver Makes Left Hand Turn And Strikes Pedestrian, On A Crosswalk and Pushes Client Up Onto A Curb

A driver made a Left turn accident causing the Mr. M's client's vehicle and pedestrian to be pushed up onto a curb - exacerbation of a pre-existing back issues including cervical fusion,  ...resulted lumbar laminectomy. - settled for policy limits of $52,500 from the adverse driver and $52,500 from Mr. M's client's underinsured policy of insurance for a total settlement of $105,000.00.

...T-Bone Motor Vehicle Collision Case

Both client and other driver testified that they were the one with the green light for an intersection t-bone motor vehicle collision. Damage to the vehicles confirmed that the front of our client's vehicle struck the side of the other vehicle. By being prepared for trial our attorney was able to secure a settlement from the other driver's "minimum limits" insurer and then proceed against the client's under-insured/ uninsured motorist policy. The combined settlement from the two insurers totaled just under $70,000.00.

...M. Law Offices LLC Obtains Settlement for Pedestrian Struck by Motor Vehicle After Two Previous Attorneys Refused to Pursue the Girl & Boy's Case

A client's previous attorneys refused to pursue a young girl & boy's case because the girl and boy walked into the street on crosswalk at night wearing dark clothes and the driver's insurance company refused to offer anything. Our attorney filed suit in D'HauPauge County, known for it's tough juries, and recovered $35,000.00 eac. for the teenagers who lost some teeth.

More later my personal lawsuit is pending.