Vehicular Accidents occur on a daily basis in the normal operation of cars, trucks and motorcycles. These accidents often result in personal injury ranging from a simple neck and back muscle strain to life threatening permanant disability. All operators of any vehicles owe a duty of reasonable care to others on the roadway. The failure to adhere to that duty gives rise to liability. In most states the law mandates that drivers purchase insurance in order to operate a motor vehicle within the state. Legal disputes stemming from motor vehicle accidents are generally handled through the insurance industry. The insurance companies which handle claims have an adverse interest to the injured party making a claim. The company goal is to pay out as little as possible on the claim in compensation to the injured party. Our goal is to obtain the maximum recovery for our clients to which they are entitled as just compensation.

In some instances accidents do not result from the negligence of a another driver but instead from the defective design or manufacture of the vehicle, a malfunction, and even from design of the roadway. When a motorcycle, car, or truck is made with a defective part such as a tire or airbag that fails to deploy resulting in a injury, a claim may exist. Other examples of viable vehicle design failures can include, car, truck, SUV, or even all terrain vehicles (ATV) that are defectively designed so that roll overs occur as a result of the vehicles high center of gravity. Under these circumstances the manufacturer may have breached its duty to the consumer to produce a safe product which is capable of being used as advertised or marketed. When an injury results, manufacturers must be accountable for their negligence.

Practical Law Articles

WHAT TO DO IF INVOLVED IN AN AUTOMOBILE ACCIDENT

Cases

2005 Jane Doe v. ABC Corp.

Plaintiff, a 91-year-old woman, was hit by a car driven by an underinsured driver who was backing out of a driveway. Defendant driver was working at the time for two used car dealerships. Defendants contended the driver was an independent contractor. Plaintiff contended the two dealerships were operating as a joint venture and both controlled the actions of the Defendant driver. Plaintiff suffered a fractured hip and subsequent stroke. Defendants' denied the stroke was related to the accident.

Settlement

2001 In re Jane Doe

Thirty-five year old woman suffered fracture vertebra while a passenger in a vehicle hit by an underinsured motorist.

Settlement:

2001 Jane Doe, et al.v. Atlas Iron, et.

Defendant truck driver (Atlas Iron) parked his semi tractor and trailor in a full lane of traffic on a two lane roadway in front of Defendant A-1 Auto's lot, where he was to pick up a load of scrap steel. It was 3:00 p.m. and A-1's parking lot was full with no place to park on the premises. Plaintiff Jane Doe (30) came over ther crest of a hill and curve in the roadway, which created a vew obstruction, providing only 437 feet of visibility. When Plaintiff was able to percieve and react to the truck in her lane of traffic, it was to late, and she hit the back of the parked vehicle, suffering severe and debilitating injuries, including a broken femur, two broken wrists, fractured ankle and degloving injury to her face. Defendants argued Mrs. Jane Doe hit the back of the parked truck because she was not paying enough attention to the road in the operation of her vehicle. Plaintiffs argued Defendant Atlas Iron failed to provide warining to oncoming vehicles and Defendant A-1 Auto created a constructive nuisance by failing to provide access to business invitees.

Settlement: Confidential

2000 In re: The Estate of John Doe, a minor

Plaintiffs decendent was a four-year-old boy killed as an unrestrained front seat passenger in a motor vehicle accident. The child was killed as a result of the impact from the airbag which was triggered by the motor vehicle accident.

Settlement Pre-Suit

2000 Leyland Hoyle v. Murlon T. Lile Trucking Co.

Mr. Hoyle was an over the road truck driver hit from behind by another truck on the freeway. As a result of the impact, he suffered a concussion and an abdominal hernia. The insurance company for the Defendant would not pay for the $7,000 property damage to repair Mr. Hoyle's truck or for the $6,000 in medical costs for surgery to repair his hernia. As a result, Mr. Hoyle could not work, and his truck was repossessed because he could not make his loan payments.

Jury verdict

2000 Brenda Muriel, as Administratrix and Prosequendum for the heirs-at-law of Jayson Diaz, Jr., deceased, et al. v. Yellow Freight Systems, Inc., et.at.

Decedent was a 1 1/2 year-old boy killed as a passenger in his mother's vehicle, when it was hit by a Yellow Freight truck on the Ohio Turnpike. The mother's vehicle was disabled and being towed with a makeshift tow rope by a U-Haul truck driven by the child's father at 2:00 a.m. in the morning. The driver of the Yellow freight truck claimed the car was being illegally towed and had no lights. The family claimed the driver of the truck failed to keep an assured distance. After impact, the parents were unable to remove the child from his car seat before the car exploded and caught fire.

Settlement

1998 Medved v. McNeal

Plaintiff was hit from behind while stopped at a traffic light on his motorcycle. As a result of his injuries he required surgery to repair broken bones and internal injuries.

Judgement

1994 Mike Revak v. Cortez III Service Corp.

Plaintiff was riding a bicycle against traffic on private property when he was hit by a security car making a right turn on red at an intersection. Plaintiff suffered four broken ribs, separated shoulder and head trauma resulting in a post traumatic seizure disorder.

Jury Verdict

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