The following summary is based on a recent article in the Connecticut Law Tribune regarding a truck accident which occurred in Bloomfield, Connecticut.
Plaintiff’s claims: The victim stated that she had a green light and as she drove through an intersection the vehicle she was operating was struck by a truck. The Plaintiff’s attorney alleged that the driver violated a federal law by driving more than eleven hours in a day. Furthermore, it was claimed that at the time of the accident the truck driver was talking on his cell phone.
Plaintiff’s injuries: Head trauma, injuries to her hip and shoulder which required three surgeries and a partial hip replacement. She also suffered blood clots in her lungs and continues to struggle with post-traumatic stress disorder.
Defendant’s claims: Truck driver argued that he had the right of way. A witness supported this argument. He also stated that he was using a “hands free” device when speaking on his cell phone.
The verdict/award: The jury found total damages at 6.7 million. The jury found the defendant 73% negligent for the accident and the plaintiff 27% negligent. Therefore, the award was reduced to 4.9 million based on plaintiff’s own negligence. I trust she was still satisfied with the award.