In a personal injury claim, a plaintiff has to prove not just liability but the extent of the damages. This means the plaintiff may need to establish the nature of the injuries, the expected duration of the injuries, how the injuries may have aggravated a pre-existing condition, disfigurement, disability, pain and suffering, emotional distress, necessary medical expenses, lost wages, care-taking expenses, and any shortened life expectancy.
A tragic car accident in 2015 resulted in the death of five Georgia nursing students. A jury recently awarded the lone survivor $15 million. According to the a news report, a truck driver had been driving 70 miles per hour down a highway and failed to slow down or stop for traffic, causing him to crash into several cars. The truck driver’s truck drove over the top of a Toyota Corolla and crashed into a Ford Escape that was carrying the students. The students had been on their way to their last day of clinical rotations at a nearby hospital. The survivor brought a lawsuit against the truck driver’s trucking company.
Most of the lawsuits brought by the families of the students who died in the crash were settled with the trucking company before trial. However, the surviving student opted not to settle the case and to bring the case to trial. The complaint alleged that the truck driver had been traveling on little sleep, and lawyers argued that he had been looking at his cell phone. The survivor sought compensatory and punitive damages. She testified that she thought she was going to die and that she still suffers from a traumatic brain injury. Her roommate testified that the woman still dealt with anxiety and nightmares. She testified that the woman has a fear of dying and that “she doesn’t like to be alone when she sleeps.”
The trucking company acknowledged that the woman was injured but asked that the damages award be reasonable. It argued that although the woman was injured, she was able to finish school with honors and is working successfully as a nurse, and her brain injury was not as serious as she alleged. The company also said the driver was sufficiently rested and was not distracted at the time of the crash. The driver said he “[could not] explain why he didn’t react” to the stopped traffic. The truck driver apologized to the woman and her family in court. He had previously pled guilty to vehicular homicide in a criminal case and was sentenced to five years in prison. Ultimately, the jury awarded the survivor $15 million in damages.
Contact a Chicago Injury Attorney
If you have been injured in a Illinois truck accident, you may be able to recover damages for your injuries. Having an experienced attorney is essential in asserting your rights and seeking the compensation you deserve. At Moll Law Group, our Chicago attorneys can help accident victims seek justice and begin to rebuild their lives. We serve victims and their families in Naperville, Schaumburg, Wheaton, and communities throughout Cook County. Call us at 312-462-1700 or contact us through our online form to set up a free consultation.
See More Posts:
Court Applies Government Immunity in Pedestrian Accident Case, Illinois Injury Lawyer Blog, January 13, 2017.
Trolley Accident in Philadelphia Injures Nearly 50, Illinois Injury Lawyer Blog, January 30, 2017.
Plaintiff’s Award Initially Reduced Due to Insurance Coverage but Restored on Appeal, Illinois Injury Lawyer Blog, February 6, 2017.