One of our clients was rear ended
on an access lane while waiting to merge onto a busy road. She had immediate
pain but waited to go to the doctor as she thought the pain would go away. The
insurance company for the driver who hit her refused to admit fault or pay
damages because she allegedly stopped two times on the access lane and she
waited several days before obtaining medical treatment. However, when we went
to trial, the judge agreed that it doesn’t matter how many times you stop on an
access lane, there is a duty for a travelling vehicle to maintain a safe distance
behind the vehicle in front of it. As to damages, the judge found our client
extremely credible. The court agreed with our attorney, Ms. Molly Cross, and
awarded our client full reimbursement for medical expenses as well as a large
amount for pain and suffering, an amount that was triple her medical costs.
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