$2,750,000 Auto Accidents

$2,750,000

Truck Accident

This accident occurred at an intersection. Jim Lynch’s client was a passenger in a minivan that was struck by a tractor trailer. Moments before the accident, a wire holding the intersection light heads was apparently struck by an object protruding from the top of an unidentified tractor trailer. As a result, the red bulb for the light head controlling traffic in the minivan’s direction malfunctioned. Further, a second light head for the minivan driver had twisted so it did not face the driver. Lastly, a sun shield cover from the light head with the red bulb out was knocked off giving the appearance to the minivan driver that she had a green light when her light was in fact red. The tractor trailer who struck the wire was never identified. Further, there was no claim against the City of Elizabeth for failing to maintain the lights as there was no notice to the City of the wire being struck until this accident occurred.

The minivan entered the intersection with what appeared to be a green light. Moments later, two tractor trailers approached the intersection on the intersecting street (from her right), also with a green light. The first tractor trailer saw the minivan and was able to stop to avoid the collision. The second tractor trailer driver told police he did not see the minivan and could not avoid the collision and struck the minivan on the passenger side door.

All persons in the minivan lost consciousness and suffered broken bones. The front seat passenger, a recent immigrant from Peru, suffered a traumatic brain injury. Although in the hospital for six weeks, due to his financial condition, the front seat passenger received no additional medical treatment.

Before trial, the insurance company for the tractor trailer offered Jim and his severely injured client $50,000.00 to settle the case. This offer was rejected.

Jim retained a commercial vehicle accident expert, who specialized in reconstructing truck accidents. At trial, he was able to establish that due to the high risk of danger to other motorists, tractor trailer drivers have a higher duty of care to other motorists and must exercise additional care when entering an intersection, even with a green light. Further, he established that had this driver made proper observations of the intersection, he would have been able to see the minivan and brake with enough time to have avoided the collision (as did the truck next to him). Further, to establish the nature and extent of the injuries, Jim called as witnesses the treating Trauma Surgeon, a Board Certified Neuropsychologist, a Board Certified Life Care Planner and an Economist.

The jury found the tractor-trailer driver at fault and awarded Jim’s client $2,750,000.00.