Car Accidents | What You Should Know
Accidents may happen any time and the victims are also aware of the personal injury claims. It Being involved in a car accident can be a very traumatic experience. Lives can be misplaced, or completely ruined. Lives are changed physically and or emotionally. Below is a very interesting case study.
Car Accident Case Study
We were contacted by the mother of a teen-aged boy who was struck by a car on his bike. He was riding his mountain bike along a trail after school one day. The trail crossed a public road that led to a nursing home. There was poor visibility both for a bike rider crossing the road and for drivers on the road. He rode into the street and was hit by a car driven by a woman going to visit a relative at the nursing home.
There were a number of witnesses, most of whom were employees of the nursing home standing in a nearby parking lot. They gave statements to our investigator that said, mostly, that the boy was riding very fast and didn’t seem to slow down as he entered the roadway. The car didn’t seem to slow down, either.
We hired an accident re-constructionist. Through him, we were able to prove that the road had a speed limit of 15 mph, although it wasn’t posted in the area where the collision happened. We were able to prove, through analysis of the skid marks and other evidence, that the driver was going faster than 15 mph. Minnesota law states that a driver exceeding the speed limit forfeits the right of way. The judge in the case agreed with me that this meant that my client on his bike actually had the right of way because the car was going too fast.
The boy suffered a head injury, with a large laceration on top of his head and intermittent seizures. The seizures were treated by medication, and by the time of trial he no longer had the seizures or needed the medication. The defense hired a neurologist in the Twin Cities who testified that my client never had a head injury (except for the cut), did not have a seizure disorder, and that his symptoms were just normal for a teenage boy. We established that this neurologist earned more than $350,000 per year doing examinations for insurance companies in lawsuits, and that he always testified contrary to the treating doctors in those cases.
After three days of trial, the jury agreed with our position that the driver was more at fault, because of her excessive speed, than the boy, and awarded him damages for his medical bills, pain and suffering, and the scar on his head.