subject: Woman Significantly Hurt When Driver Makes A Wrong Turn At Unmarked Intersection [print this page] If we go into an intersection in a car we expect that we will be safe, given that any controls are followed by the drivers approaching the intersection. People count on there being a sign, such as a one-way sign or a no left turn sign, at intersections that permit only one-way traffic from left to right. When an intersection has no signs or controls indicating that only one-way traffic is allowed it leaves people a false sense of safety.
Look at a published vehicle accident lawsuit in which 2 vehicles crashed. One vehicle was going straight and the other was taking a left hand turn. The intersection was situated close to a local parish which was having construction work carried out in the area. The construction company had removed "not left turn" and "one way" signs that had prior to this been set up by the city so as to to control the intersection. Not seeing any signs indicating otherwise, the driver entered the intersection driving the wrong way. Therefore by going left this vehicle went straight onto oncoming traffic.
There was a female passenger in the vehicle that went the wrong way into the intersection. The accident left her a quadriplegic from a cervical fracture. By the time the lawsuit was resolved the plaintiff had incurred hundreds of thousands of dollars worth of medical costs for her. She is expected to require almost $4 million for necessary future medical care. She was unable to return to her job causing a projected loss of earning capacity of approximately $500,000.
The claim named several defendants. The parish was named a defendant. The construction contractor was a defendant. And the project engineers were also defendants. The main allegation was that each was in some way liable for the accident by taking down the signs showing that it was a right turn only intersection. The law firm reported that it was able to reach a settlement with the parish for $500,000, $1,000,000 from the project engineers, and $2,000,000 from the construction contractor (paid by the contractor's excess liability carrier)for a total settlement amount of $4.5 million for the victim.
Naming the correct defendants is a significant step in a lawsuit. Here, both drivers were apparently behaving reasonably. There is no evidence that they did not follow any of the rules of the road and/or violate any posted rules relating to the intersection nor that the accident was caused by any evident distraction on their part. Still, at least several of the defendants reportedly originally denied liability. They actually attempted to place fault on the driver who took the left-hand turn. And although settlements usually include a denial of liability, In the end they all settled.
