Are Students At Risk Of Being In A Car Accident In School Locations?
By: J. Hernandez
Submitted: 2010-10-01 16:05:27 | Word Count: 690
Parents usually believe that their kids will be safe when they go to school. It is not in their world view that their son or daughter will be hurt in a car accident as they goes across the street right in front of their school. Indeed, don't towns and counties where the school is based ensure that there are signs lowering how fast vehicles can travel in zones around schools and controlling intersections around the school with stop signs and traffic lights? And aren't drivers more careful in school zones? Do not be so certain.
In one documented matter, a fifteen year old boy was crossing the street having almost reached his high school when he was hit by a car. The young man was in a crosswalk when the accident happened. The impact left him with a brain injury and he wound up in a coma for a few weeks followed by rehabiliation therapy. He was left with problems with his memory, his speech and decision making. Furthermore, he suffered physical disabilities including balance and walking. Once he returned to school, he needed to be enrolled in special education as he was unable to keep up with regular classes. The cost of his medical care to that point came to almost three quarters of a million dollars.
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Because of the nature and extent of his disabilities he needs life-care. The life-care plan includes anticipated future medical expenses up to $3.5 million. Also, he will now not be able to do many jobs and so he will lose approximately $2,200,000 in lost earning capacity. A loss of earning capacity is often measured as the difference in the income he was anticipated to have had in the event he had not been in the accident and the lesser income he will probably be able to earn because of his accident related disabilities.
The law firm that represented the young man initiated a suit on behalf of the student's parents, both individually and on their son's behalf, naming both the driver and the county as defendants. The case against the county was based on the negligent maintenance of a school zone mid-block intersection that was not properly controlled and that was zoned with a 45 m.p.h. speed limit. The driver admitted her negligence but claimed that the county and, yes, the young man were also at fault. The city, in turn, claimed they were not liable either and claimed that the driver and victim were the only ones at fault.
In preparing the case the law firm sought the services of an accident reconstruction expert, a physician concentrating in pediatric neurology and traumatic brain injury, a life-care planning specialist, and an economist. The law firm documented that they ended up going to trial on the case. The jury reportedly found that the driver was seventy nine percent at fault, the county was 20% at fault, and the student was one percent at fault for the accident. According to the report by the law firm, they achieved a jury award of $9.14 million on behalf of the student and his parents.
The jury was obviously confident that there were things both the driver and the county could and should have done which would have prevented this accident. Possibly every county ought to look to this case as an example of a foreseeable and preventable tragedy and do something to make the locale around their school safe for children. And perhaps in doing the right thing they can prevent a future terrible accident that forever changes the future of one of its students. And they might in addition safe themselves from further significant jury verdicts.
Author Resource:-
Joseph Hernandez is an Attorney accepting personal injury cases. To learn more about how a pedestrian accident attorney can help you and about other motor vehicle accident matters visit the websites
