When we go into an intersection as a driver or even as a passenger we believe that we will be safe, if any controls for example traffic lights, one-way signs, and stop signs, are followed by those entering the intersection. Individuals anticipate that an intersection onto a one-way street allowing travel from the left to the right only would either have a one-way or a no-left-hand-turn sign plainly delimiting which actions are permitted and which are not. When an intersection does not have any signs or controls showing that exclusively one-way traffic is authorized it gives the driver a false perception of security.
Take into account for example what led to a reported motor vehicle accident case in which two vehicles collided while one was going straight and the other was making a left hand turn. The intersection was located near to a neighborhood parish which was having construction work done in the area. The construction company had taken down “not left turn” and “one way” signs that had previously been set up by the city so as to to control the intersection. Not finding any signs to the contrary, the driver went into the intersection going the wrong way. So by making the left hand turn the driver went straight onto oncoming traffic.
The vehicle that took that left hand turn had a thirty five year old female riding in the passenger seat. The accident left her a quadriplegic due to a cervical fracture. By the time the claim was resolved she had already accrued hundreds of thousands of dollars worth of medical costs She was unable to go back to work causing a projected diminished earning capacity of approximately $500,000.
The claim named various defendants. The parish was a defendant. The construction contractor was named a defendant. And the project engineers were also named as defendants. The case maintained that each was in some way liable for the accident by removing the signs indicating that it was a right turn only intersection. The law firm reported a combined total settlement with the defendants for $4,500,000 on behalf of the plaintiff.
Determining the right defendants is a crucial step in positioning the case. Under the circumstances of this accident both drivers seem to have been acting reasonably. All clues were that they observed all the common rules of the road and had no knowledge of any special rules pertaining to taking a left turn at that intersection. Furthermore, the drivers both seemed to be paying reasonable attention. Still, at least some of the defendants reportedly at first denied liability and attempted to place fault on the driver who took the left-hand turn.
While the lawsuit's report does not point out if the settlement was for the full extent of available insurance. Certainly the parish settled for the full amount of their liability under the applicable state law. But the remaining part of the settlement might have spent the coverage of the other defendants. In this matter it seems to have coincided with the injurred woman's estimated future medical costs and loss of income. The amount does not seem to include medical expenses already accrued or any amount beyond the estimated future medical expenses and loss of income. Therefore it may be the entire amount available from the insurance. Limited insurance availability is a real issue that should be carefully regarded in consultation with the plaintiff prior to settlement.
Article Directory : http://www.articlecube.com
