Car Injury Compensation

A woman, who sustained severe injuries to her neck and back after her car was hit by a Coca Cola delivery truck, has been awarded 24 million dollars in compensation for accident caused by driver on mobile phone.

Vanice Chatman-­Wilson (37) of Corpus Christi, Texas, sustained the injuries in 2010 after her Ford Fusion was struck side on by the lorry driven by 30-year-old truck driver -Araceli Vanessa Cabral. Although Vanice underwent a lumbar operation in February 2011 for her injuries, doctors expect the nerve damage suffered in the accident to be permanent.

After seeking legal advice, Vanice made a claim for compensation against the company Araceli Vanessa Cabral was working for at the time of the accident – Coca Cola Enterprises – alleging that Cabral had been using her mobile phone at the time of the accident and was not paying due care and attention as a consequence.

Coca Cola claimed in their defence that they had a strict policy in respect of mobile phone use, and drivers were only allowed to use hands-free sets in their cabs. However, solicitors representing Vanice showed evidence that the policy was not enforced, and even brought Cabral to the stand to testify that she had never been informed of the risks of using a mobile phone when driving.

The jury at the hearing found in favour of Vanice and awarded her 24 million dollars in compensation for accident caused by driver on mobile phone – a message to Coca Cola and other large companies, according to Vanice´s solicitors, that they should introduce a no-mobile phone policy while operating a vehicle.

A former firefighter, who sustained catastrophic injuries when his car was in collision with a vehicle emerging from a Ford manufacturing plant, has been awarded 1.275 million dollars in compensation for car crash injuries by a jury in New York.

Paul Tully, from Utica, New York, was driving his car passed the Ford facility in early 2009, when a vehicle driven by Keith Chase pulled out from the manufacturing plant right in front of him. Chase admitted to policemen investigating the accident that he failed to look left before leaving NYE Ford in Genesee Street.

Paul made a claim for car injury compensation against Chase, the owner of the vehicle Chase had been driving and NYE Ford themselves, and was made an offer of 150,000 dollars by NYE Ford´s insurers. After seeking legal advice, Paul declined the offer of compensation for car crash injuries and took his claim to court.

After hearing that Paul would be unlikely to return to work due to his injuries, a jury at Oneida County Supreme Court awarded him 1.275 million dollars to account for the pain and suffering Paul experienced at the time of the accident, the pain and suffering he will continue to experience and for past and future medical bills. The settlement is to be paid in full by insurers for NYE Ford.

A jury in Georgia has awarded 1.78 million dollars in compensation for being injured by drunk driver to the victims of an accident caused by a college student who had been on a weekend drinking binge with his fraternity friends.

Jury members at the Superior Court of Rabun County heard that Stanley Bryant (20) of Mountain City, Georgia, had been returning from a three-day drinking binge with college friends at Lake Rabun in July 2010, when he drove his father´s BMW into the back of a minivan containing the Gonzalez family who were on their way home after attending church.

The force with which Bryant hit the Gonzalez´ minivan forced it across the carriageway and into the path of oncoming traffic. The minivan was immediately in a head-on collision with a vehicle driven by Irma Jo Gregory. Five members of the Gonzalez family and Ms Gregory were rushed to hospital – with the child who was seated at the back of the minivan sustaining a broken fibula and tibia on both legs.

Bryant was found to have a .22 blood alcohol content and was immediately arrested. The Gonzalez family and Ms Gregory made drunk driving accident compensation claim against the under-aged student and, after a three day hearing, the jury announced an award of 1.78 million dollars in compensation for being injured by drunk driver.

A man has been awarded in excess of £4 million compensation following suffer brain damage in a car crash.

In delivering the ruling Mr Justice John Quirke claimed, in the High Court, that he not happy with the system of compensation settlements when making the awardto Caroline Bogue of Belturbet, County Cavan, following a settlement between the claimant and the joint defendants – Ciaran Bogue,  her cousin, and the Motor Insurance Board of Ireland (MIBI).

Justice Quirke made the comments following the case of Caroline, who suffered severe brain damage in the car crash when an uninsured vehicle, driven by the defendant’s brother, crashed against a tree just outside of Belturbet in May 2003. Caroline, who was wearing a seat belt at the time of the collision, then aged 17 was admitted to Cavan Hospital where a CT scan of her brain showed she had suffered major haemorrhaging.

Caroline, who is now 24 years of age, needs assistance for everyday living and feeding herself due to the consequences of her accident. She also experiences difficulty sleeping, has poor short-term memory and difficulty with her speech. She will need permanent care throughout the rest of her life, and Mr Justice John Quirke is concerned that the settlement is insufficient for her lifetime and that she will eventually become reliant on the State.

As it was claimed by the defence that Caroline was aware that the car in which she was travelling was uninsured, Mr Justice John Quirke accepted that there was a risk that the claimant might be awarded less if the case went to a full hearing, and was guided by Caroline’s counsel. However, he commented that he was unhappy that he had to give approval to “a settlement so utterly speculative and imprecise from Caroline’s point of view”. A new system, which should be introduced in about 18 months time, will provide for continual payments over theduration of the victim’s life.

A woman, who sustained arm and back injuries after being run over by a driver who subsequently left the scene of the accident, has been awarded 79,000 Euros in compensation in a claim against the MIB.

Siofra O´Loughlin (24) from Rolestown in Dublin brought the claim against the Motor Insurers´ Bureau Ireland after she was injured while playing with friends on the Dollymount Beach, Dublin. In her accident injury compensation claim Siofra alleged that she had slipped and fallen face down while trying to retrieve a ball, at which time a car had reversed over her arm – fracturing her humerus and grazing her back.

Both the police and an ambulance attended the scene and in Siofra´s report to the police, she stated that the driver of the car had stopped a short distance away, looked back at her, and then returned to his car and driven away. Despite receiving immediate medical treatment, Siofra had to later undergo surgery for her fractured humerus as the bone had failed to knit properly and, as Mr Justice Iarfhlaith O’Neill at the High Court in Dublin heard, Siofra still feels pain from the injury during inclement weather.

The Motor Insurers´ Bureau Ireland disputed Siofra´s claim against the MIB, alleging that she had initially told the police a different version of events. However, Mr Justice Iarfhlaith O’Neill heard evidence that Siofra was dazed and confused immediately after the accident happened and stated in court that he believed Siofra was an honest witness who had given a truthful account of what had happened to her.

The judge awarded Siofra 79,000 Euros compensation for her claim against the MIB, plus the costs of pursuing her action.

A jury in Florida has a awarded a man, who sustained multiple injuries due to the driver of the car he was travelling in driving carelessly, an injured passenger compensation settlement in excess of 2.7 million dollars.

During the four day trial in Lee County, the jury heard how Jiri Renotiere had been travelling as a passenger in a car driven by Waldemar Baranowski in May 2009, when Baranowski lost control of the vehicle, crashed through a roadside barrier and into an embankment.

Both men were thrown from the vehicle which subsequently caught fire and burst into flames. However Jiri, who was lying in a ditch with a fractured shoulder blade and a smashed cheekbone, sustained third-degree burns to the left side of his body, his arms, shoulder and foot.

Jiri was rushed to Tampa General Hospital where he remained for four weeks. Despite multiple skin graft operations and three months of rehabilitation, Jiri was left with permanent injuries – affecting his opportunities for work and a deterioration in his quality of life.

Claiming compensation for injured passenger in car, Jiri´s legal counsel relied on the testimony of witnesses who claimed that Baranowski had been speeding on a wet road. The jury also heard that at the time of the accident Baranowski had been reaching for his mobile phone as the car approached a curve.

Once liability had been proven, the jury deliberated on how much injured passenger compensation should be awarded to Jiri. They arrived at the figure of 2,703,000 dollars on the basis of 1 million dollars for past and future medical expenses, 1 million dollars for past and future pain and suffering and 3,000 dollars for lost property. An award of 700,000 dollars was made to Jiri´s wife, Marie, for the lost of Jiri´s services.

A man, who was catastrophically injured when a truck trailer became detached and crashed on top of his car, has agreed a truck injury compensation settlement of 1.4 million dollars from the truck owners.

William Geary (60) of Medford, Oregon, was waiting at a red light in his Chevrolet Silverado on December 23rd 2011 when the trailer of a truck driven by Philip McCullough broke free and slammed into William´s vehicle, flattening the car and trapping the victim inside for 90 minutes before rescuers were able to cut him free. William was taken to hospital suffering from a broken neck and spinal injuries.

Following an investigation by the Jackson County Sheriff´s Department, McCullough was charged with careless driving and making an improper turn, however on inspection of the truck it was discovered that the brakes on the rear trailer were misaligned and also that the brake slack adjusters on the truck were mismatched.

William launched a truck injury compensation claim against the owners of the truck – Express Transport Corp. – and shortly after the first anniversary of the tragic accident a negotiated settlement was agreed where William would receive 1.4 million dollars – 300,000 dollars for medical costs already incurred, 400,000 dollars for estimated future medical costs and 700,000 dollars in truck injury compensation for future loss of income and the deterioration in William´s quality of life.

Four children injured in a car accident, when the vehicle driven by their mother was in collision with a Garda patrol car, have been awarded a total of £21,500 in compensation for child passengers in a car accident.

Four children, who were injured in a vehicle collision between their mother´s car and an Irish police patrol vehicle, have had the settlement for their child injury compensation claims approved in the Circuit Civil Court in Dublin.

Circuit Court president, Mr Justice Matthew Deery, heard how Dean McEvoy (15) and his three sisters, Lauren (13), Cody (11) and Megan (10), of Crumlin, Dublin, were passengers in their mother´s car when it was struck by the police vehicle in December 2005.

The judge was told that although the police vehicle was travelling along the Tallaght bypass at speed, neither its warning lights nor siren were on, and it struck Lorraine McEvoy´s car as she was turning right to exit the bypass. Ms McEvoy and all four children sustained soft tissue injuries as a result of the impact.

Liability for the accident had been determined during a High Court action brought on behalf of the children by Ms McEvoy, and the matter was now in front of Mr Justice Matthew Deery for approval of the child injury claims settlements.

The judge approved a total of 26,000 Euros in damages, with Dean receiving 6,500 Euros; Cody awarded 7,500 Euros, and Megan and Lauren each being given 6,000 Euros.

A man, who suffered catastrophic brain injuries when his motorbike was in collision with a car, has had an undisclosed settlement of compensation for brain injuries from motorbike accident approved in London’s Royal Court of Justice.