$1,475,000 Settlement for Dump Truck Accident
Blume Forte represented a 47 year old paralegal who was involved in a motor vehicle accident with a truck. On July 21, 2003, our client was driving a sedan on Route 46 in Independence Township, N.J. She collided head-on with a dump truck being driven in the course of its paving job.
The Plaintiff’s claims included vehicular negligence and alleged that the truck driver crossed the center divider line. In addition, the paving company was joined into the suit, with the plaintiff alleging that they were responsible for the careless and negligent acts and/or omissions of their employees (respondeat superior).
The defense contended that the plaintiff was comparatively, if not entirely, negligent, and caused the accident. The defense argued that local police investigated the accident and determined that both drivers both crossed over the line and issued both drivers tickets.
The firm gathered evidence contrary to the assertion that our client ever crossed the center line, including that the final resting place of the vehicles and that most of the debris was on the plaintiff’s side of the road, indicating that the plaintiff never crossed over. The firm also argued that the outward curve in the road where the defendant was driving made it more probable that he was the one who crossed over the center line.
Our client suffered pelvic fractures, a broken right wrist (of her dominant hand), broken leg bones, a collapsed lung and nerve damage that caused a drop foot on her right side (requiring her to wear a brace and to use a cane). She required multiple surgeries due to her fractures, and over a year of aggressive physical therapy.
The claims included reimbursement for unreimbursed medical expenses of $320,505. In addition, after 101 days of hospitalization and rehabilitation, our client returned to work in early 2004. She sought past lost wages of $61,316, and unspecified damages for pain and suffering.
The firm settled the matter for $1.475 million, just after a jury was picked.