Man Awarded $900,000 In Lane Change Accident
A Delray Beach man who was rear-ended by a box truck was recently awarded $900,000 for his injuries. The man was driving an SUV and sustained back, neck, and shoulder injuries. Indeed, most accidents of this sort do not result in nearly $1 million settlements, so it’s worth looking into the facts of the case to see how that award was derived.
The lawsuit
According to the plaintiff, his injuries were the result of the box truck driver, who was on the job at the time of the accident, was following too closely. The driver’s company was responsible because the driver was on duty at the time of the accident.
According to the plaintiff, he was traveling at highway speeds when another vehicle suddenly cut into his lane. He was forced to stop abruptly. That’s when he was rear-ended by the box truck.
The defendant had a different accounting of events. He said it was the plaintiff who abruptly veered into the center lane where the accident occurred, and the driver of the box truck could not have avoided the accident. Defense counsel further argued that even if the plaintiff’s account of events were exactly correct, it would only prove that the third motorist was responsible for the accident. The third motorist was not identified and played the role of a Fabre defendant, a defendant who contributed negligence but is not named in the lawsuit.
Damages
The plaintiff was an avid scuba diver and suffered multiple disc herniations that required surgery, pain management, and physical therapy. His medical expenses were at least $600,000 at the time of the filing and were likely to go higher.
An expert witness representing the defense said that the plaintiff’s injuries predated the accident. However, the accident certainly aggravated his injuries, and the defendant is still responsible for that.
The jury determined that the plaintiff’s damages were around $1.1 million. However, they also found that the plaintiff was 25% liable for the accident for suddenly braking. They held the defendant 75% liable for following too closely. The result was a $900,000 verdict in favor of the plaintiff.
Blaming someone else
If you do file a personal injury lawsuit against a negligent party, be aware that their best course of action is to blame the accident on someone else. Who better, then, than the very person who is filing the lawsuit? While such an allegation may not excuse their own negligence, it will reduce it. In this case, the negligence was reduced to 75% which cost the plaintiff somewhere around $200,000. The Fabre defendant was not included in the division of liability by the jury.
Talk to a Tampa, FL Personal Injury Attorney
If you’ve been injured in a road accident, you can recover damages for your medical expenses, lost wages, and reduced quality of life. Call Tampa personal injury attorneys at The Matassini Law Firm today to discuss the details.
Resource:
law.com/dailybusinessreview/2021/05/26/motorist-who-alleged-sudden-lane-change-caused-accident-lands-900k-verdict/
