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Cell Phone Car
Accidents
A Personal Injury
Case Study
This case study demonstrates many important legal issues regarding cell
phone car accidents. We'll review the accident,
liability,
injuries, settlement
negotiations, and the final case resolution.
The Accident...
James and Josh were in the car waiting for their mother to return to
the vehicle from the bank. Josh was bored and pulled out a
small retractable scooter, which he began riding in the parking lot of
the bank.
Joe was talking on his cell phone having a heated discussion with his
business partner about money, having just learned that large
sums were missing from the corporate account. Distracted by
the phone call, Joe did not check his rear-view mirror before backing
out of his parking place.
As he jerked his car backward, he hit Josh knocking him to the ground
and running over his arm. James screamed to the driver that he
had just ran over his brother’s arm at which time Joe jerked the car
forward hitting the boys arm a second time.
Liability...
In most cell phone car accidents, the driver is liable for negligence.
Joe was distracted by his cell phone, failed to check his rear view
mirror and as a result, hit a child pedestrian who had the
right-of-way.
Joe’s initial response was that the child should not have been riding
his scooter in the parking lot. This is true in part, and in a
contributory negligence state this would factor into liability. In
most states however, where pedestrians always have the right of way,
this would not be an issue.
Injuries...
Josh was severely injured by road rash to his back where he was
slightly dragged under the vehicle. His
arm was broken in two places from being run over twice and his head,
back and legs were badly bruised. His brother also observed
the collision and was emotionally distressed by the incident.
Negotiations...
Josh incurred medical bills totaling $7,500 for the ambulance which transported him 48 miles to the nearest children’s hospital and
$35,000 for the emergency surgery to his arm. In addition, he
had to undergo physical therapy for 4 months totaling $8,000 for a
grand total of $50,500.
On behalf of the minor, Josh’s parents submitted a minor’s compromise
claim for $170,000 to the insurance company. Josh’s brother James did
not incur any medical bills, however he was greatly distressed by what
he saw. His mother submitted a claim on his behalf in the sum
of $5,000.
Final
Settlement...
Joe was driving a company vehicle with an insurance policy of $2
million when he had the cell phone car accident. However his company insurance company attempted to deny the
claim at first saying that the child should not have been riding his
scooter in the parking lot.
Josh’s parents filed a lawsuit naming the driver personally and his
company in the suit. Ultimately the insurance company did
accept liability and settled Josh’s claim for $150,000 and James’s
claim for $4,000.
When an attorney is used on minor’s claims, they are usually limited to
20% for fees. Further, the settlements must be approved by the courts
and placed in protected accounts that cannot be used, outside of by
court order, until the minor reaches the age of majority.
Important
Points...
- If an insurance company denies liability, this
does not stop a plaintiff from filing suit against the company and the
negligent party.
- Minor’s claims must be handled in a special
fashion and the court must approve the settlement.
- In most states, when working on minor's claims,
attorneys are limited to a lesser amount of fees, usually 20%.
-
Sometimes you need to hire an
attorney and file a lawsuit to get the results you are
entitled to.
Return
from Cell Phone Car Accidents to
Auto Accident Claims
Return
from Cell Phone Car Accidents to Personal
Injury Settlement Guide
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