In June of 2014, our client was, a restrained driver of a brand new white Mini Cooper that was traveling northbound during rush hour on I-95. As traffic slowed, she came to a complete stop and without warning was forcefully rear-ended by a black BMW.
The immense force of the crash propelled it into the car directly in front of her and caused the Mini Cooper’s air bags to deploy. In all, the initial impact by the BMW into her Mini Cooper caused a chain reaction that damaged five cars and resulted in injuries to at least two individuals. As a result of this crash, her new Mini Cooper was declared a total loss.
Following the crash, our client was seen at Good Samaritan Hospital, where she was treated for injuries to her head, neck, back, chest and left shoulder. Over the course of nearly two and a half years she underwent extensive treatment to her neck and back.
Thankfully, the driver of the BMW that caused the crash carried Bodily Injury (BI) automobile insurance coverage, which is, surprisingly, not required by Florida Law. However, despite clear liability on the part of the BMW driver and clear damages to our client caused by the crash, the BMW driver’s insurance company failed to act reasonably and forced attorneys Scott Murray and Keith Hedrick to file suit to ensure a fair and just result.
During the course of discovery, it was uncovered that just prior to the crash the driver of the BMW had been seen speeding, weaving through heavy traffic, using her cellphone, cutting off other drivers, and nearly causing an accident. In turn, Mr. Murray and Mr. Hedrick moved to add punitive damages against the defendant driver for her conscious disregard for the life and safety of others.
Ultimately, the case settled for an amount that represented fair and just compensation for her past and future medical expenses, pain and suffering, and the loss of the capacity to enjoy life. This case is a reminder of the importance of driving safely and refraining from using cellular telephones while driving.