On the afternoon of October 23, 2019, plaintiff driver (female) was driving eastbound on Interstate 94 accompanied by her four daughters. While on the left lane of the interstate, a commercial motor vehicle driver recklessly switched lanes ignoring adjacent plaintiff’s vehicle to its left side. The action caused plaintiff to veer her vehicle to the shoulder median resulting in a collision against an impact attenuator and concrete barrier. Ensuing the collision, a second passenger vehicle crashed against plaintiff’s. It was later noted that the passenger vehicle was driving closely behind. The collisions were fatal in nature, resulting in the death of a minor passenger. Plaintiff driver sustained a lumbar spine injury with radiating pain to the right leg, and attended treatment for PTSD and depression; injuries among other passengers (minors) include but were not limited to mild traumatic brain injury, back injury, hip injuries, lacerations. Counsel for plaintiff argued that defendant driver was negligent by: 1. failing to operate the commercial motor vehicle at a speed that was reasonable; 2. failing to choose a safe gap for changing lanes; 3. failing to use proper lookout and mirror to ensure a safe gap existed as was legally required; and 3. failing to use signal to indicate to other drivers on the roadway if defendant driver’s intent to make a lane change. Defense argued that since defendant CMV driver did not collide with plaintiff’s vehicle, it was not directly responsible for the collision against the barrier and the aftermath of the second collision with third party defendant. Total Paid: $1,100,000.00
