Auto accident victims receive compensation from swerving vehicle ahead of them, causing a rear-end collision.
10/7/2009On Monday, October 5, 2009, justice was delivered to a couple involved in an accident on a Southern California freeway, when their cases settled before trial for $762,000. It was, however, anything but easy to secure that settlement.
James E. Ballidis
James E. Ballidis
The Los Angeles auto accident attorney firm of Allen, Flatt, Ballidis & Leslie successfully argued that two vehicles caused the accident which led to significant injury for the couple.
The accident arose when a vehicle ahead of the claimants suddenly lost control, swerving across lanes of the freeway. The claimants were able to slow their vehicle and avoid any contact with the swerving car ahead. However, they were rear-ended. Unfortunately, the vehicles had inadequate insurance to cover the damages of both clients. Therefore, effort was made to place liability on the swerving vehicle, even though there was no contact between them, and the police report did not assess liability against that vehicle.
California law assesses liability to all drivers that are a “substantial factor” in bringing about a collision. The swerving vehicle driver’s insurance company argued that their driver lost control to avoid another vehicle, and since the claimants were able to reasonably slow to avoid contact, their driver was not liable. They further pointed out that the rear-ending driver was driving too close and inattentive, which were the principal causes of the collision and injury.
Claimants' attorneys were able to refute these claims by noting that had the swerving vehicle been operated carefully to begin with, the sequence of events would not have occurred. Further, experts noted that the swerving vehicle robbed the rear-ending driver of reaction time by creating an emergency situation and therefore liability should be assessed against that front car driver. Both parties prepared for trial, but after expert depositions on damages and liability, the insurance company for the swerving driver agreed to settlement of the claims.
Allen, Flatt, Ballidis & Leslie are Los Angeles auto accident lawyers. If you need help securing medical treatment, recovering for your damages and wage loss, please call us at 1 866-981-5596 to discuss your needs.
We promise you will never regret your call.
Category: Car Accidents
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