Motor Vehicle Accident Lawyer Case
Head-On Collision – Comminuted Open Fracture of the Right Patella – $225,000.00
Reported in the Lawyers Weekly
While operating a friend’s motor vehicle, the plaintiff was struck head on when the defendant coming from the opposite direction made a left hand turn into traffic.
In this case the plaintiff was traveling at a speed of approximately 40 miles per hour. He was prepared to testify in court to the fact that the defendant’s vehicle crossed into his lane of traffic causing a head on collision.
Immediately following the incident, the plaintiff was taken by ambulance to Massachusetts General Hospital. During the incident the plaintiff sustained several facial cuts, as well as knee injuries due to its force of impact. Tests at the hospital also showed both left and right patella (knee) fractures.
Even though the plaintiff underwent several surgeries, continued pain accompanied by swelling was still present in the left knee. During the time of the accident the plaintiff was not employed.
This case was further complicated when positive tests for cocaine use were found in the plaintiff. Furthermore, the plaintiff had been released from a rehab facility less than two days before the accident. This led to the counsel for the defense arguing that the plaintiff was negligent for being unable to avoid a severe collision, which in turn led to the severe injuries.
This case shows that even if a plaintiff is impaired by a substance, that he or she can escape negligence where the impairment was not the cause of the incident, but just a side condition.
Due to the fact that the plaintiff had a spotty work history, and was not working at the time, lost wages were difficult to argue. The counsel for the plaintiff did argue that the plaintiff was set to resume employment, but due to undefined terms, it was tough to establish any loss.
Before trial got underway, the case was settled. During the accident the defendant was operating a company vehicle which carried a $250,000 insurance policy. The majority of this was recovered by the plaintiff.