Case Summary
Fowler | Helsel | Vogt secured a substantial settlement of $530,000 on behalf of our clients. The settlement stemmed from a motor vehicle collision in which a drunk driver ran a stop sign, resulting in the death of two occupants and injuries to the other two.
Facts of the Case
Our clients were traveling on a state highway approaching their exit to their home. The family proceeded through the intersection with the right of way. At approximately the same time, Defendant was traveling northbound on the intersecting road approaching the same intersection. However, Defendant’s direction of travel was controlled by a stop sign with an attached warning that cross-traffic does not stop. Crossing traffic is obscured by overgrown and unkept trees/shrubbery of the neighboring property owner, preventing people (including Defendant) from observing traffic. Defendant also passed away in the collision.
Treatment
The surviving clients underwent emergency treatment and surgery with several months of physical therapy.
Legal Strategy
Our team was confronted with very low insurance limits and the inability to speak to either driver. Our expert team went out to the scene and conducted several mockups of the collision dynamics including a site analysis of what the drivers could or should have seen. Our team noticed the neighboring property owner had neglected to keep their trees and shrubs from obscuring the vision of cars stopped at the stop sign. Our team was able to successfully argue for the liability of the property owner as a contributing factor of the crash resulting in a policy limits settlement of $500,000 from the Property Owner and full policy limits of $30,000 from the Defendant.
Settlement Terms
Fowler | Helsel | Vogt successfully negotiated payment of two different policy limits. $500,000 from the property owner near the intersection and $30,000 from the Defendant’s automobile policy.
Conclusion
Fowler | Helsel | Vogt looks at the entire case and makes sure that every possible avenue of recovery is investigated and pursued. To do it any other way leaves a substantial amount of compensation on the table that could assist our clients. The real answer to a personal injury case isn’t always the easiest.
Every case is different. The results shown here reflect the specific facts and circumstances of each matter and do not guarantee or predict a similar outcome in any future case.
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