The Victim Who Cannot Remember

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Q: My husband has no memory of his accident: his head injuries plunged him into a coma and resulted in post-traumatic amnesia.  The police say that a truck in the left lane became disabled.  Its driver got the truck to the far right lane, but then came to a full stop there, even though the truck had sufficient momentum to get onto the shoulder.  The driver also failed to set off flares and place reflective triangles.

Had these devices been properly placed at the appropriate distances, my husband would have had time to avoid the stalled truck and be warned of its presence, significantly increasing his ability to react and maneuver his car so as to avoid the truck.  Trucks are not permitted in the left lane in the area where the accident occurred.  If the truck driver had been traveling in the right lane, he surely would have been able to stop on the shoulder.  The roadway was straight and level, making it very difficult to judge the separation distance and leaving my husband with virtually no perceptual cues.

A: When an accident victim passes away or suffers from amnesia, the courts are more open than ever to the kind of evidence that you have described.  Note that you will be suing, not only the truck driver and his employer, but also any outside entity that has been responsible for maintenance and repairs of the truck.  These negligent repair people helped to launch a ‘dangerous instrumentality’.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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