Wrongful Death – Motor Vehicle Collision

Fowler | Helsel | Vogt successfully obtained a verdict of $1,535,424 on behalf of two minor children who tragically lost their father in a car crash. The Defendant driver had a $100,000 automobile insurance policy that the insurance carrier refused to offer to the children. The Defendant argued the crash was entirely caused by our clients’ father because he ran a stop sign. The jury felt different and returned a verdict in favor of Plaintiffs in the amount of $1,535,424.

Facts of the Case

The decedent was driving home from work and approaching an intersection with another highway. At the same time, the Defendant driver was approaching the same intersection from a different direction. Decedent admittedly rolled through the stop sign at the intersection immediately prior to the fatal collision.

Fowler | Helsel | Vogt conducted a download of the electronic data recorder of Defendant’s vehicle after the crash and determined that his cruise control was set at 63 mph (in a 55 mph zone) when he entered the intersection and collided with Decedent’s vehicle. EDR data retrieved from Defendant’s vehicle further confirmed Defendant never braked and never made any other evasive maneuver prior to the collision. The decedent driver was pronounced dead at the scene by first responders.

Legal Strategy

The investigating officer concluded our clients’ father was entirely at fault for the collision and his death. Our legal team reconstructed the crash with an expert engineer and the data retrieved from the EDR download of Defendant’s vehicle. We also uncovered through discovery that Defendant was on his cell phone at the time of the crash. We presented all of this evidence to a jury, who returned a verdict of $1,535,424 in favor of our clients.

Settlement Terms

Prior to trial, the insurance company offered Fowler | Helsel | Vogt $60,000 to resolve the case. F | H | V rejected that offer and took the case to trial where a jury awarded our clients a verdict of $1,535,424 for the loss of their father.

Conclusion

Insurance companies are usually not fair when it comes to offered settlements. This case exemplifies that statement. Instead of taking the officer’s conclusions at face value, Fowler | Helsel | Vogt dug in and conducted its own investigation and crash analysis to determine that Defendant shared fault in this tragic collision. A jury saw the truth and awarded a fair verdict to our clients – over 25 times the amount the insurance company offered before trial.