subject: In The Event You Are Hurt In A Automobile Are You Able To Recover Solely From The Drivers [print this page] When we go into an intersection as a driver or even as a passenger we expect that we will be safe, given that any controls like traffic lights, one-way signs, and stop signs, are followed by those approaching the intersection. People depend on there being some sort of sign, such as a one-way sign or a no left turn sign, at intersections that allow only one-way traffic from left to right. When an intersection does not have any signs or controls showing that it is for one-way traffic only it gives people a false perception of security.
Consider for example what brought on a published motor vehicle accident lawsuit in which 2 vehicles collided as one was going straight and the other was making a left turn. The intersection was positioned close to a neighborhood parish which was having building work completed in the vicinity. The construction company had removed "not left turn" and "one way" signs that had previously been put up by the city to to control the intersection. By taking a left hand turn the vehicle turned the wrong way into a one way street. Hence by going left the driver ended up going the wrong way right onto oncoming traffic.
There was a woman passenger in the vehicle that went the wrong way into the intersection. The accident left her a quadriplegic due to a cervical fracture. By the time the case was resolved the woman had incurred hundreds of thousands of dollars worth of medical costs for her treatment. The victim lost roughly half a million dollars in future income due to the fact that she would be unable to return to employment.
The law firm that handled this matter named as defendants the parish, the construction contractor and the project engineers indicating that they were liable since they directly or indirectly caused the accident by taking down the signs controlling the accident intersection. The law firm reported that it was able to reach a settlement with the parish for $500,000 (the maximum amount recoverable from that defendant under the applicable state law), $1 million from the project engineers, and $2,000,000 from the construction contractor . The law firm was thus able to report a total settlement amount of $4.5 million for the victim..
Although it is not clear from the case report it is possible that the amount recovered may have been the full extent of available insurance. Certainly the parish settled for the entire amount of their liability under the applicable state law. But the rest of the settlement amount might have depleted the coverage of the other defendants. In this claim it seems to have coincided with the plaintiff's expected future medical expenses and future lost earnings. The settlement does not appear to include medical expenses previously accrued or any amount above the estimated future medical expenses and loss of income. Consequently it might be all that could be reached through the insurance. Limited insurance availability is a real issue that needs to be carefully considered in consultation with the victim prior to settlement.
In The Event You Are Hurt In A Automobile Are You Able To Recover Solely From The Drivers
