A New York volunteer firefighter, who sustained severe injuries when his car was crashed into by a Ford works vehicle, has been awarded 1.275 million dollars in compensation for car collision injuries by a jury at Oneida County Supreme Court.
Paul Tully of Utica, New York, was driving along the road adjacent to the NYE Ford facility in Oneida, New York, when his car was crashed into by a Ford works vehicle driven by Ford employee Keith Chase. Paul sustained crippling head and spine injuries which have prevented him from working since the accident in 2009 and which have cost his family a substantial amount in medical and care expenses.
During the subsequent investigation into the accident, Keith Chase admitted to not looking left into Genesee Street before pulling away from the manufacturing plant and, after seeking legal advice, Paul brought a car accident injury claim against Chase, Brian Guldy – the registered owner of the vehicle Chase had been driving – and NYE Ford.
The jury at Oneida County Supreme Court heard that an early offer of compensation for car collision injuries of 150,000 dollars had been rejected by Paul and his legal team and – as liability had already been admitted – the case had been brought to court for assessment of damages only.
After a short period of deliberation, the jury awarded Paul 675,000 dollars for past pain and suffering, 200,000 dollars for the pain and suffering he will experience due to his injuries in the future and 400,000 dollars to account for past and future medical and care expenses – a total of 1.275 million dollars in compensation for car collision injuries which will be paid in full by NYE Ford´s insurers.
A women who sustained traumatic brain injuries after being hit by a lorry as she was walking home from the shops has had an award of 750,000 pounds approved in London´s High Court in respect of her multiple vehicle accident injury compensation claim.
Devbai Patel (60) from Neasden in London was walking home alongside the North Circular Road in January 2008 when two cars crashed on the busy dual carriageway. A lorry, trying to avoid impact with the two cars, mounted the pavement and hit Devbai – leaving her with multiple fractures and severe brain damage and killing the lorry driver.
Devbai was air-lifted to hospital where she underwent emergency surgery to save her life. She spent a further two weeks in an Intensive Care Unit and underwent months of rehabilitation before being allowed home. Even though Devbai made a good physical recovery, the brain damage she sustained means that she will require permanent care.
After seeking legal advice, Devbai´s family made a pedestrian accident claim against the car driver responsible for causing the multiple vehicle accident, who had also pleaded guilty to causing the death of the lorry driver by careless driving. Although liability was not in doubt, negotiating a suitable multiple vehicle accident injury compensation with the driver´s insurers took over two years.
In London´s High Court, Mrs Justice Cox heard that the two parties had now reached an agreement which would see Devbai and her family receive an immediate lump sum of 750,000 pounds with annual tax-free and index-linked payments of 25,000 pounds. Approving the settlement of multiple vehicle accident injury compensation, Mrs Justice Cox sent her best wishes to Devbai and her family.
A man, who suffered substantial injuries after the car in which he was travelling was involved in a non-collision accident, has won his claim for injured car passenger compensation against the negligent driver and been awarded more than 2.7 million dollars by a jury in Lee County, Florida.
Jiri Renotiere, from Clay County, Florida, was a passenger in a car driven by Waldemar Baranowski in May 2009, when Baranowski – who, the trial jury heard, had been speeding in wet conditions – lost control of the vehicle as he approached a bend, crashed through a barrier and landed in a ditch.
Jiri was thrown from the vehicle, which burst into flames shortly after leaving the road. Lying close to the car, and having fractured his shoulder blade and several facial bones, Jiri sustained third-degree burns alongside the left of his body including his shoulder, arm and foot.
Both victims were rushed to Tampa General Hospital, were Jiri remained for four weeks recovering from his injuries and undergoing multiple skin graft operations. On his discharge from hospital, Jiri underwent a further three months of physiotherapy and rehabilitation.
As passengers in car accidents are entitled to claim for injured car passenger compensation against the driver of the vehicle in which they were travelling should that driver be responsible for their injuries, Jiri claimed that Baranowski was travelling too fast for the conditions and was reaching for his mobile telephone as the accident happened.
Following a four-day trial, in which witnesses to the accident confirmed that Baranowski had been driving carelessly, the jury awarded Jiri 1 million dollars for his pain and suffering during the accident and throughout his medical treatment, a further 1 million dollars to cover past and future medical expenses and 3,000 for lost property. Jiri´s wife, Marie, was also awarded 700,000 dollars for loss of Jiri´s services – a total of 2,703,000 dollars as settlement of Jiri´s claim for injured car passenger compensation.
A man who sustained a broken neck and catastrophic spinal injuries when the trailer of a truck broke free and landed on top of his car has settled his road traffic accident claim with the truck owners for 1.4 million dollars.
William Geary (60) from Medford in Jackson County, Oregon, sustained his injuries in December 2011 when the trailer of a truck driven by Philip McCullough broke free while McCullough was attempting a dangerous manoeuvre and landed on top of his Chevrolet Silverado.
William, who had been waiting patiently at a red light at the time, suffered a broken neck in the accident and catastrophic damage to his spine. The 6´ 4´´ tall man was trapped in his vehicle for 90 minutes while emergency services attempted to cut him free from the wreckage.
An investigation was launched into the accident, and McCullough was fined for making an improper turn and careless driving. However, on inspection of the truck, it was found that the brake slack adjusters were mismatched and the brakes on the rear trailer were not lined up correctly.
William made a road traffic accident claim for his injuries and a negotiated settlement was agreed of truck accident compensation which covered the medical expenses he had incurred to date paid (300,000 dollars), a consideration for future medical expenses (400,000 dollars) and compensation for his pain and suffering, loss of income and loss of amenity (700,000 dollars).
A Californian jury has found the giant truck corporation YRC Incorporated liable in a case in which a truck wheel became unattached from its axle and struck a following vehicle – causing its driver to sustain severe brain injuries.
The unnamed man, from Vista, California, was driving along InterState 15 in San Diego County, California, when the accident occurred in January 2008. Two wheels separated from the rear axle of the YRC tractor-trailer travelling in front of him, and one of them crashed into his Chevrolet Metro, causing to crash his head against the roof of the car.
Although seat-belted, the victim sustained brain damage and spinal injuries which required a series of surgeries. He still suffers from chronic neck and back pain and was forced to retire from his job as an airline mechanic – a job he had held for twenty years.
The San Diego Superior Court, Vista Division, heard that although YRC Incorporated did not dispute that they were liable for the accident, they argued that the injuries had been exaggerated and that the plaintiff had a pre-existing neck condition.
However, after an eleven day trial, the jury found in favour of the plaintiff and awarded him a total of 12.2 million dollars in respect of past and future medical expenses, rehabilitation therapy, cognitive therapies, and medical needs as the man ages. The verdict also compensates the plaintiff for future loss of earnings.
A 78-year-old woman, who suffered severe injuries to her head, neck and lower limbs when involved in a collision with a two ton truck, has secured a negotiated settlement with the driver´s insurance company of 950,000 dollars.
The woman, who has only been identified by her surname “Archuleta”, was previously an active and healthy woman and was in the process of moving from her home in Yuma, Arizona, to live near her daughter in Pasadena, California, in May 2010 when the accident occurred.
As Ms Archuleta was driving through the town of Brawley, California, a maintenance truck for the Coachella Valley Water District failed to stop at a “Give Way” sign and pulled directly into the path of her Chevrolet Cobalt. Despite her airbags deploying immediately, Ms Archuleta suffered such severe injuries that she had to be air-lifted to a trauma unit in San Diego.
On arrival at the hospital it was discovered that Ms Archuleta had sustained injuries to her head, neck, spine, chest and legs and consequently she now has to rely of others to assist her with her daily functions. The subsequent personal injury action also claimed that Ms Archuleta now suffers from depression and anorexia – a condition which has seen her lose 32 pounds in weight since the trauma.
Before the case could be brought to court, lawyers for the injured party and those representing the Coachella Valley Water District negotiated a settlement of 950,000 dollars – which although will never compensate for the loss of Ms Archuleta´s happy retirement, will be able to provide her with the full-time care she now requires.
A man who suffered severe neck and back injuries after being rear-ended by a County of Los Angeles van has been awarded 950,000 dollars days before his case was due to be heard at the Los Angeles Superior Court.
Felipe Medina (53) of Los Angeles County, California, was driving his Saturn Vue west-bound on the 105 freeway in Lynwood, California, in December 2007, when he slowed to a stop due to a traffic jam ahead of him.
The van behind, driven by County of Los Angeles employee Wille Duckworth, drove into the back of Felipe´s car, causing Felipe to sustain severe neck, back and shoulder injuries. Police investigating the post-accident scene established that Duckworth had been travelling at excessive speed and was unable to stop in time to avoid the collision.
Felipe underwent several operations to his back and left shoulder to relieve the pain caused by his injuries. He was also given epidural injections, painkilling tablets and wore a back brace in an attempt to restore his health to its pre-accident condition, but his doctors fear that his pain will prevent him from ever continuing his job as a maintenance supervisor.
Under Californian law, employers are held responsible for their negligent acts and, after seeking legal advice, Felipe sued the County of Los Angeles for personal injury compensation and loss of earnings – both present and future. However, days before the opening arguments were due to be heard, a settlement was reached between Felipe´s legal representatives and those of the County of Los Angeles for 950,000 dollars.
Owners of a bar at a Texas golf club have been ordered to pay almost one million dollars to the family of a driver who was killed in a road traffic accident, after they served alcohol to the customer responsible for causing the vehicle collision.
Lance Shelter (42) was tragically killed in a road traffic accident when the car he was driving was in collision with a vehicle driven by a golfer who had been served alcohol when already displaying signs of intoxication.
District Court Judge Dana Womack heard at Fort Worth District Court, Texas, that the Southern Oaks Golf Club in Burleson, Texas had sold 12 cans of beer to Mark Charles Pierce prior to him starting his round of golf.
Southern Oaks employees sold Pierce a further six cans of beer after he had played nine holes, and then a mixed alcoholic drink at the conclusion of his round, despite Pierce showed signs of intoxication. Pierce then drove from the golf club, and was responsible for the accident that killed Lance Shetler, a father of three and inventor of medical devices that benefited children.
Claiming that Lance would still be alive had the Southern Oaks Golf Club adhered to their own policy against over-serving patrons, his family sued the bar owners and won their case – being awarded almost one million dollars in wrongful death compensation by Judge Womack.
A 22 year old handyman, whose life was shattered when the car in which he was a back seat passenger was struck from behind by a drunk driver, has been awarded 15.4 million dollars in the Supreme Court of Florida.
Dwight Grant of Fort Lauderdale, Florida, was seated in a friend´s stationery car, when it was struck from behind at speed by a car driven by Matthew Lyons of Fort Lauderdale, Florida. Dwight sustained multiple skull fractures, frontal lobe brain damage and facial injuries in the collision and spent two weeks in intensive care having reconstructive surgery.
Following his discharge from hospital, Dwight developed a seizure disorder that could not be controlled by medication and Judge Mily Rodriguez-Powell at the Supreme Court of Florida heard that the damage that had been done to Dwight´s brain affected his decision making ability and short-term memory. It was testified that Dwight will never be able to work again.
The claim for personal injury compensation was brought against Matthew Lyons when it was discovered that Lyons was nearly four times over the legal alcohol limit when the accident happened, and it took a six person jury panel very little time to find in favour of the plaintiff.
Their award of 15.4 million dollars compensates Dwight for past and future pain and suffering (6 million dollars), past and future medical care (6.7 million dollars) and past and future loss of earnings (2.7 million dollars).
Claims for whiplash injury compensation are the highest in Europe claims James Dalton – Assistant Director of Motor and Liability for the Association of British Insurers.
Speaking in Leeds at the 2011 Whiplash Conference, Mr. Dalton stated that three-quarters of personal injury claims in the UK are for whiplash injury, and insurers are paying out nearly two billion pounds each year for whiplash claims.
According to figures revealed by the Association of British Insurers, approximately 1,200 claims for whiplash injury compensation are made every day in the UK – six times more than the claims received in a year from people claiming workplace injury compensation.
The Association of British Insurers estimate that the volume of whiplash compensation claims adds an average of 74.00 pounds to British motorist´s insurance premiums and, in his speech, Mr. Dalton called on the government to quickly implement their proposals on civil justice reform.
The changes, claimed Mr. Dalton, would ensure that genuine claimants received fair compensation and access to rehabilitation services more quickly, while the potential for fraudulent claims would be decreased.
Google has been named in a road traffic accident claim in the United States. It has been claimed that Google Maps provided Lauren Rosenberg of Los Angeles, California, with dangerous walking directions while she was Park City, Utah.
The compensation claim is primarily against the driver of the car, but Google is also named in the lawsuit because it is alleged that Google Maps told her to walk along “Deer Valley Drive” – which happens to be State Route 224 and does not have a footpath. Google has defended itself by pointing out that the mobile version of Google Maps has a warning: ‘Walking directions (beta): Use caution’. Interestingly, the desktop/laptop version of the warning is more specific about the dangers of using Google Maps for walking directions and contains additional text: “Use caution–This route may be missing sidewalks or pedestrian paths.”