Our client was hit head-on traveling on a 2 lane road in a school zone. The Defendant claimed our client veered into her lane causing the crash while our client maintained that the Defendant had unexpectedly veered into her lane. Our client was not wearing her seatbelt at the time of the crash which she admitted during her deposition. Her medical records and the police report also documented she was not wearing her seatbelt at the time. Our client sustained a fractured wrist that required open-reduction and internal fixation to repair. During the Defendant’s deposition we were able to get her to concede she did not recall the moments leading up to and after the crash. We than were able to use property damage photos and witness testimony to show the physical evidence supported our client’s version of how the crash occurred. To overcome the Defendant’s seat belt defense which could have barred or significantly reduced our client’s damages, we were able to show that had she been using her seatbelt it would not have prevented or even lessened the extent of her injuries. After educating the insurance carrier on these issues, the case resolved for more than 13 times policy limits.
Practice Areas: Motor Vehicle Accident