Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)
At this point, delineators were supposed to be installed. They were not installed for two years after the prior accident, and did not extend the entire length of the center median to the left-turn pocket when they were installed.
The plaintiffs claimed that the restaurant told customers, through signage and a valet service, that they should turn right out of the lot, proceed south and then make a U-turn to proceed north.
The plaintiffs further claimed that, because of these instructions, the vehicle driver made a U-turn and hit the motorcycle. The vehicle driver testified that he was given instructions to make a U-turn.
All the defendants claimed that the vehicle driver was entirely responsible for the accident.
Caltrans claimed that, since it does not own the parking lot, it cannot be held responsible for any of its alleged defective designs.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Caltrans also claimed that its remedial measures were sufficient to address the volume of accidents that occurred at the exit driveway.
The restaurant and the county claimed that they had no responsibility for accidents that occurred on the Highway, because of a lack of jurisdiction.
The restaurant also claimed that its driveway was safe, and that customers were told to make a U-turn at the left turn pocket, not wherever they felt that it was safe.
SUMMARY:
RESULT: Settlement
Award Total: $3,000,000
The parties settled for $3 million (global) prior to trial.
Of this amount, the vehicle driver will pay $2.2 million, as already discussed; Caltrans will pay $500,000; the county and the restaurant will pay $270,000; Standard Parking will pay $20,000; and the city will pay $10,000.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.