Cheryl had been out celebrating a friend’s job promotion. She and her friends had a few drinks (Cheryl had a few too many). Cheryl decided to take a ride home from her friend, Joyce. When Joyce and Cheryl started for home, it was late. Cheryl soon fell asleep in the front seat.
It was a foggy and blustery night. Toward the end of the long drive home, Joyce was traveling along a country road with narrow shoulders. The fog was heavy and it was difficult to see the fog lines. Joyce encountered a slight curve in the road and her front wheel slipped off the payment into the grass. The grassy shoulder gave way to a steep slope, preventing Cheryl from correcting the vehicle back onto the road. Since there was no guardrail, the car plunged down a steep embankment, at the bottom of which was a deep and fast moving river. Partway down the embankment, Joyce’s car crashed into a cement block supply building, saving the car from plunging into the river. But the side of Joyce’s car was smashed, causing serious injury and lifelong disability to Cheryl.
Cheryl didn’t hire an attorney right away. She settled with Joyce’s insurance company for policy limits - an amount that fell far short of the true amount of her damages. Cheryl ultimately consulted with Jean Magladry and Charlotte Weigel.
They hired experts in accident reconstruction and road design. Their investigation revealed a record of similar accidents in the area of the crash and that the road required a guardrail because of high traffic volume and insufficient shoulder. This allowed Cheryl’s lawyers to make a claim for negligence against the county.
The case ultimately settled just before trial for a significant sum.
Interestingly, because of some fairly sophisticated legal principles, Cheryl would have achieved a higher result had she settled with both defendants at the same time. Cheryl did not seek legal counsel before settling with the driver.
LESSON LEARNED: Seek legal advice in any case, but particularly in cases involving serious injury and the potential for numerous defendants.
Note: The is the true account of one of our success stories. However, to protect the privacy of our clients, fictional names have been used and minor details changed that do not affect the authenticity of the story.
