In last week’s post, we discussed how some lawmakers are considering punishments for distracted driving that are comparable to drunk driving laws. A recent settlement illustrates that the court system may look just as unkindly on distracted drivers and the injuries they may inflict.
Specifically, our law firm represented a motor vehicle accident victim who suffered multiple injuries and the death of her father after their vehicle was rear-ended. Our attorneys utilized civil discovery to obtain cellular data from the offending driver’s carrier. With the help of expert testimony, we presented evidence of the defendant using his smart phone immediately before and during the crash.
The case also presented an extra wrinkle because the defendant was a cable technician. When a driver for a company causes a crash, the employer may be subject to liability in a personal injury lawsuit. Although the company attempted to avoid liability by characterizing the driver as an independent contractor, they lost that argument. That loss may have influenced the company’s decision to enter into a confidential settlement with our client, possibly avoiding an even bigger loss had they proceeded to trial.
The story illustrates that crash victims should not necessarily accept an initial offer presented by the offending driver and/or his or her insurance company or employer. A consultation with a personal injury law firm can provide a bigger picture. Our attorneys have the experience to offer counsel not only on litigation strategy and odds, but also about estimating the full amount of damages that one may be due. We can also offer advice about when it might be in a crash victim’s best interest to accept a fair settlement offer from the defendant.
Related Page: March, Rickard & Bryan “Case Results,” Copyright 2016, MRB
