Dallas Personal Injury Lawyer Blog

Ford Settles Suit Involving Car Accident And Death of Police Officer

On Dec. 30, 2009, the Ford Motor Co. agreed to pay $1,925,000 to settle a suit filed by the family of a police officer who died from injuries sustained in a car accident.

In 2005, Officer Mark Simmons Jr. was a passenger in a 2000 Ford Crown Victoria police car when it was rear-ended by a pickup truck. His family alleged the support and anchor mechanisms on Simmons' seat failed due to design and manufacturing defects, causing him to be violently thrown to the back of the car.

Simmons, a father of two young children, sustained severe brain damage and died in 2008.

Ford argued the seat, which met all government safety standards, was safe. It contended Simmons’ injuries were caused by the severe nature of the accident and his failure to wear a seat belt, but it ultimately agreed to the settlement.

Woman Injured In Crash With City Bus Wins At Trial

A jury awarded $155,353 to a woman who said she was injured in a collision with a San Antonio city bus. In 2004, Ariadna Ramirez-Saenz, then 25, was a passenger in a suburban driven by Rosa Maria Ramirez when it was struck by a VIA Metropolitan Transit Authority bus at a busy intersection. Ramirez-Saenz, who sustained a torn rotator cuff in the incident, claimed the bus was at fault for going straight in a turn-only lane. She sought $280,600 in damages in her lawsuit against VIA; her suit against Ramirez settled before trial. The bus driver disputed Ramirez-Saenz's story, arguing that Ramirez caused the accident when she made a right turn from a straight-only lane. The defense also contended that the collision was minor and didn't cause the alleged injuries.

Toyota Concealled Defects In Recalled Cars Leading to Accidents and Injury

Toyota has known about brake problems in its popular Prius cars for some time, going so far as to fix it in new production vehicles, but has kept Prius drivers in the dark about the problem until the Japanese government called for an investigation.

Prius hybrid cars coming off Toyota's assembly line in Japan have had an improved version of the software used to control the cars' brakes since January.

That's little consolation to those driving Priuses made before then which seem to be the source of mounting complaints about brake performance and have been linked to four crashes.

Prior to the revelation on Tuesday that the Japanese government was pushing Toyota to do something about mounting complaints about Prius brakes, Toyota had said nothing publicly about the problems.

In the U.S., the National Highway Traffic Safety Administration announced Thursday that it is launching a formal investigation into the Prius brake problems based on customer complaints here.

As of Wednesday, 124 Prius owners in the United States had lodged formal complaints with the National Highway Traffic Safety Administration about brake problems with their cars. Prius owners in Japan, where the hybrid car is the nation's most popular model, have also lodged complaints about the problem.

A total of four crashes, two involving injuries, have been attributed to poor brake performance in 2010 model year Priuses.

Toyota issued an announcement Thursday saying it was cooperating with NHTSA's investigation. Toyota spokespeople in the U.S. have not yet returned calls and e-mails requesting comment on the issue.

The complaints have been very consistent. As described by NHTSA's Office of Defect Investigations "Consumers allege a momentary loss in braking during brake applications while traveling over an uneven road surface, pothole or bump in the roadway."
 

School District Must Pay For Rear-End Collision With Car

 
A man who claimed he sustained multiple disc injuries in a collision with a school district-owned vehicle recovered $61,113 after a jury trial. In 2006, Russell Durst, then 40, was rear-ended by a vehicle owned by the United Independent School District of Laredo and driven by district employee Eduardo Botello. Durst said he suffered four herniated cervical discs and two bulging lumbar discs. He sought $110,000 in damages for his medical expenses and pain and suffering. The defense disputed Durst's injury claims, arguing that he was still able to lift weights following the accident. The defendants' medical expert opined that Durst only sustained soft-tissue injuries which should have resolved in two or three months.

Jury Awards 100k To Woman As A Result of Car Accident

A jury awarded $100,000 to a woman who claimed she will have to eat puree for the rest of her life due to injuries sustained in a motor vehicle accident. In 2006, Ann Martin was a passenger in a car when it was rear-ended on Highway 35 in Waco. The impact caused the airbag to deploy and hit Martin's jaw. She sustained a temporomandibular joint (TMJ) injury and damage to her right knee. She underwent knee surgery a year later, but claimed the TMJ injury has permanently affected her ability to eat solid foods. Martin brought an underinsured motorist claim against Allstate Indemnity Company, her driver's insurance carrier, seeking compensation for her injuries. Allstate contended that Martin's injuries weren't as severe as she claimed. 

 

Jury Awards 1M For Car Crash With Sleeping Driver

 

A jury awarded $1,077,531 to five men injured in a collision with a driver who fell asleep at the wheel. In 2006, the men, landscapers ranging in age from 19 to 40, were on their way home from work when a pickup driven by John Paul Gonzales and owned by Republic Waste Services struck them head-on. All five men were injured and together their medical expenses totaled $343,230. At the time of the crash, Gonzales had been awake for 19 hours after working a full shift and attending a baseball game with other Republic Waste employees, including a supervisor who had dropped Gonzales off at the company truck after they had spent approximately four hours at a bar following the game. Gonzales admitted falling asleep at the wheel, but denied allegations that alcohol played a role. The jury found Gonzales 70 percent and Republic Waste 30 percent negligent.

Electric Company Must Pay 948k For Car Accident

 

The family of a mentally ill man who was fatally struck by a car as he walked on an unlighted road recovered $948,000. In 2005, Paul Wojewski, 57, who suffered from bipolar disorder, was walking in the center lane of Belt Line Road in Dallas when he was hit by a car driven by Alejandro Garcia. Wojewski's family said Garcia couldn't see Wojewski before the accident because the streetlights at the site weren't working. They blamed TXU Electic Delivery Co., which operates and maintains the lights, alleging it knew of the problem weeks earlier but failed to fix it. TXU argued Garcia was at fault and also blamed Wojewski for failing to take his medication. The family also sued Wojewski's psychiatrist, Dr. Michael Rosenthal, alleging he allowed Wojewski to leave his office unescorted while in the midst of a manic-depressive episode two days before the accident. The doctor settled prior to trial for an undisclosed amount. The jury found TXU 40 percent, Rosenthal 40 percent and Wojewski 20 percent liable, and awarded the family $2.37 million in damages. With the reduction for comparative fault and the earlier settlement, the family recovered $948,000 from TXU.

Jury Awards 178k To Car Crash Victim

A woman injured in a rear-end collision recovered $177,914. In 2003, Von Marie Strieker, then 53, was rear-ended by a vehicle driven by Lidia Olivares in Longview. Strieker sustained soft-tissue injuries to her neck and right shoulder, for which she underwent epidural and trigger point injections, chiropractic treatment and physical therapy. She said the injuries also led to migraine headaches. Strieker claimed Olivares was underinsured, so Strieker sued her own carrier, State Farm, for underinsured motorist coverage. State Farm refused to pay because it didn't believe Olivares was at fault, arguing Strieker stopped too quickly for Olivares to avoid the collision. In a directed verdict, the judge found Olivares negligent. The jury then determined Strieker's damages. Her total recovery included a $20,020 settlement from Olivares, which was the limit on her insurance policy.

Car Crash Victims Recover $140,000 At Trial

 

Two men injured in a car accident recovered $140,155 in a jury trial despite police findings that there was alcohol and a marijuana pipe in their vehicle at the time of the crash. In 2007, Juan Reveles Jr., then 20, and his passenger, Jose Rascon, then 19, were traveling in Houston when their car was struck by a sport utility vehicle driven by William Earl Storment. Rascon sustained femur and finger fractures, as well as a concussion. Reveles suffered a sprained ankle and bruises. Both men blamed Storment, alleging he turned into their car. Storment admitted he was partially liable, but argued Reveles was speeding and driving with a suspended license. The defense also noted that police found alcohol and a pipe in Reveles' vehicle; Rascon admitted to consuming alcohol in the car. The jury found Storment 57 percent, Reveles 35 percent and Rascon 8 percent liable. The plaintiffs' $170,292 award was reduced due to the jury's finding of comparative negligence.

Boy Seriously Injured Gets 750k Settlement

 

An 11-year-old boy who sustained multiple injuries when his aunt's car collided with a pickup received a $750,000 settlement. On July 14, 2007, Matthew Klein was riding with his aunt, Lynne Hefti, in Murray County, Okla. Hefti failed to yield before crossing a rural highway and was struck on the passenger side by a pickup. Matthew was pinned in the car for 25 minutes before being extricated. He suffered a traumatic brain injury, lacerated spleen, and skull, pelvic, collarbone and finger fractures. He was in physical and vocational therapy for 15 months and needed special accommodations at school due to his brain injury. However, Matthew's doctors said he has adjusted well and will continue to improve. Hefti agreed to the settlement before a lawsuit was filed. Because Matthew is a minor, his parents had to officially file a lawsuit so the settlement could be approved by the court.