subject: Driver Who Hit Accelerator Instead of Brake And Severely Injured Pedestrian Settles Claim More Than $1.0 Million [print this page] Driver Who Hit Accelerator Instead of Brake And Severely Injured Pedestrian Settles Claim More Than $1.0 Million
There are numerous ways in which drivers can become distracted, confused or disoriented. The difficulty, obviously, is that they control a multi-ton piece of machinery that can cause incapacitating harm, especially to pedestrians. And it can happen in an instant. One moment that might completely transform the life of the victim.
Look at the reported case in which the driver who caused the accident was an elderly female. While parking her automonile at a parking lot attached to a mall, she somehow lost her focus and rather than hitting the brake hit the accelerator pedal. Her car sped onto the sidewalk where a woman was walking and threw her right through a plate glass store window.
The victim wound up in a hospital for nine days. The accident fractured a major leg bone into multiple pieces. She had tears of multiple major knee ligaments, and PTSD (post-traumatic stress disorder). The woman needed surgery for her leg fracture. The surgery was an open reduction with internal fixation - she needed metal put in to her leg. After the hospital stay she required two weeks at a rehabilitation facility after which she had to undergo intense physical therapy. She also required follow up surgery a year subsequent to the first surgery so as to take out the hardware in her leg. Even then her ordeal was still not over. She needed a third surgery the year after that to repair the knee ligaments. Then she had to undergo still more physical therapy
The victim could not go back to work for half a year. When the victim did return to her job the plaintiff needed the use of a cane for 6 months. The plaintiff will likely never be able to be active in several sports which the plaintiff enjoyed prior to the accident. The plaintiff will likely have to undergo a knee replacement within 10 years. A young woman's ability to enjoy her life changed forever.
The cost of the victim's medical treatment came to approximately $150,000. The woman also her earning capacity dropped by roughly fifty thousand dollars. The law firm that represented the victim reported that they obtained a $1,200,000 settlement on behalf of the plaintiff.
Lawsuits just like this one occur all too frequently. Sometimes it is fiddling with the radio. Regardless of the reason even a momentary distraction may end in a devastating outcome.
As this case illustrates the harm that can result from even a sinlge moment of confusion in a driver can be devastating. Handling these cases requires understanding the nature of the damages, assessing the type and extent of medical care the victim will need sometimes for the rest of his or her life, the amount of the loss of earning capacity, and moreover the victim's pain and suffering. Furthermore it requires understanding insurance issues and being able to find and pursue assets that might go toward any settlement or award. The settlement or award might be considerable but requires experience and skill on the part of the attorney.
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