Whelen Lights

Right Turn

Woman Severely Injured When Driver Takes Wrong Turn At Unmarked Intersection

If we enter an intersection as a driver or even as a passenger we believe that we will be secure, if any controls such as traffic lights, one-way signs, and stop signs, are obeyed by drivers entering the intersection. Individuals assume that an intersection onto a one-way street permitting travel from the left to the right only would either have a one-way or a no-left-hand-turn sign clearly stating which actions are allowed and which are not. When an intersection has no signs or controls revealing that the street is for one-way traffic alone this leaves the driver a false sense of security.

Look at for example what led to a reported motor vehicle accident claim in which 2 vehicles collided while one was traveling straight and the other was taking a left turn. The intersection was located in the vicinity of a local parish which was having construction work carried outin the area. The construction company had removed "not left turn" and "one way" signs that had previously been installed by the city in order to to control the intersection. As a result, the intersection was left with nothing to warn drivers that they could only turn right. By taking a left hand turn the vehicle turned the wrong way into a one way street. Therefore by going left this vehicle went straight onto oncoming traffic.

There was a female passanger in the vehicle that went left at the intersection. The accident left her a quadriplegic from a cervical fracture. When the lawsuit was settled the woman had accrued hundreds of thousands of dollars worth of medical costs |The victim's initial medical expenses were in excess of $400,000. She is expected to require almost $4 million for necessary future medical care. The victim lost roughly half a million dollars in future income since she would be unable to return to work.

The claim named a number of defendants. The parish was named a defendant. The construction contractor was a defendant. And the project engineers were also named as defendants. The case claimed that each was in some way liable for the accident by taking down the signs showing that it was a right turn only intersection. The law firm reported a combined total settlement with the defendants for $4,500,000 on behalf of the plaintiff.

Identifying the correct defendants is a significant step in positioning the case. Given the facts of this accident neither driver appears to have been liable for the accident. All indications were that they observed all the common rules of the road and had no knowledge of any special rules pertaining to taking a left turn at that intersection. Nor was the accident due to any apparent distraction on their part. Yet, at least several of the defendants reportedly originally denied liability and attempted to place fault on the driver who took the left-hand turn.

While the lawsuit's report does not specify whether the settlement was for the full extent of available insurance. Certainly the parish settled for the entire amount of their liability under the applicable state law. Still the remaining settlement may have depleted the coverage of the other defendants. In this claim it appears to have coincided with the injurred woman's projected future medical expenses and loss of income. The settlement does not appear to deal with medical expenses previously accrued or any sum beyond the estimated future medical expenses and loss of income. Thus it might be the entire amount available from the insurance. Limited insurance availability is a real issue that should be carefully considered in consultation with the victim prior to settlement.

 

About the Author

Joseph Hernandez is an Attorney accepting catastrophic injury cases. To learn more about how a motor vehicle accident attorney can help you and about other vehicle accident cases including bicycle accident matters visit the websites

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