When a Two-Car Collision is More than It Seems: The $800,000 Answer May 19, 2010

What appears to be a two vehicle motor accident can be much more. Let me tell you about a car accident case I had. My client finished a hard day at work and hopped in a friend’s van for a ride home. They drove south on the Bronx River Parkway when a Ford van struck their vehicle resulting in a horrible crash. My client suffered significant injuries to his back and neck that required surgery and an extensive hospital stay.

The extent of the injuries entitled my client to significant compensation. However, the Ford van driver had a limited insurance policy and limited liquid assets so that he could not pay the full amount of compensation that my client would need and deserve.

Now let’s take a second look at the accident. The Ford van drives south on the Bronx River Parkway at an excessive speed and comes upon a construction company vehicle travelling in the left hand lane. The Ford van swerves to try to avoid hitting the construction truck but clips the corner of the construction vehicle.  The Ford van careens across the roadway and strikes the vehicle in which my client rode. While there was no contact between the construction truck and my client’s vehicle, we successfully argued that the construction truck was also responsible for my client’s injuries.

The Ford van driver bore responsibility for not avoiding the construction truck. The construction company also bore responsibility for acting in a manner contrary to the company’s own safety requirements and contrary to New York State vehicle and traffic laws. The construction workers were picking up warning signs from the northbound lane while traveling in the southbound lane – a direct contradiction of safety requirements. They wanted to get home a little early so they cut corners, but those cut corners led to my client’s injuries.

At trial, we won a verdict and award of $800,000 for my client. The construction company appealed the verdict arguing that the sole cause of the accident was the Ford van driver’s excessive speed and his failure to heed the large warning arrow board on the back of the truck.  The appellate court agreed with our argument that the construction truck’s actions were also a cause of my client’s injuries.

Lessons Learned from this Motor Vehicle Accident

The most important lessons are for drivers not to speed and for construction workers to follow their own and New York State’s safety requirements.

For personal injury law clients, there are two additional important lessons. First, it is important to investigate all possible causes of an accident. In this instance, that investigation found a significant second cause of the car accident. That investigation required revealing all factors involved in the accident and researching New York State Law and construction industry safety requirements.

Second, it is important to explore all possible sources of coverage. While the driver of the Ford van had a limited policy, the construction company had a large insurance policy, which enabled my client to receive full compensation for the injuries he suffered.

The original law firm in this case retained me as trial counsel, meaning that they brought me in to try the case for them. While most of my clients come to me directly, I do accept a limited number of referrals from other attorneys who retain me to try their cases. You can read about this case here. You can read about some other motor vehicle cases that I have handled here.

If you have questions about injuries suffered in a car accident or other motor vehicle accident, you may want to consult a New York personal injury attorney experienced with car accidents. I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me.

I hope you found this information helpful. Please call or email me if you have comments, questions or would like assistance with a slip and fall case. You can also visit my website or read more on my blog, New York Law Thoughts. .

Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.