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Know Before You Go
|Posted on September 27, 2011 at 6:23 PM|
A passenger was riding in a small car when the driver of her car tried to pass a slow-moving tractor trailer rig. As a result, she sustained horrible injuries in a head-on crash with an oncoming pickup truck. Police blamed the driver of the small car for crossing the unmarked center line of the street. The passenger hired a lawyer who collected the policy limits from the driver's insurance, which was wholly inadequate to cover the passenger's damages, and the lawyer declared he had done all he could.
Unsatisfied, the passenger hired a new lawyer, and the new lawyer asked EMRA, Inc. accident investigators to find out whether there were other defendants or other sources of insurance, by whom the injured passenger might be made whole.
A diligent investigation of all factors involved in the accident uncovered a number of important facts. First, the road where the accident occurred was never properly marked for traffic, nor was it ever developed to the required width. Further, the persons responsible to have properly constructed and marked the road were the builders of an adjacent development, their grading and paving contractors, and their traffic marking contractors. Public Works records reflected the legal requirement for the developers to finish the road prior to allowing traffic on it.
In addition, the police had used an incorrect standard to blame only the driver of the small car, holding the driver of the pickup truck blameless. State law required both vehicles to stay right of center on an unmarked road, and although the small car had been engaged in a passing maneuver at the time of the wreck, it turns out the pickup truck was ALSO left of center in its own direction. The collision was right ON the unmarked center of the road.
When EMRA, Inc. investigators were done, twelve additional potential defendants were identified, suit was filed, and though six defendants were found free of fault, insurance for seven of the thirteen defendants - including the driver of the truck - ultimately contributed to fully compensating the injured passenger.
Justice is served when no stone is left unturned.
Categories: Case of the Month