Monterey Accident Attorneys Obtain Six Figure Settlement for Client Injured in Wrong Way Car Accident
The Monterey car accident attorneys at the Piccuta Law Group have obtained another fantastic result for an injured client. The case involved a woman who was injured on the Monterey Peninsula by a drunk driver. The client was hit by the drunk driver as he was driving his truck the wrong way down a city street. As a result, the client suffered injuries that required months of medical treatment. Our car accident attorneys were able to negotiate a six-figure settlement. This allowed the client to pay off all her medical expenses and take home a life-changing amount.
The Wrong Way Car Accident
On the evening of November 2, 2019, the client was driving her SUV, a GMC Acadia, approximately 30 miles per hour on a city street in Seaside, California. As she was proceeding down the road, a drunk driver operating a Chevy Silverado Truck turned from a side street. The road the client was driving down was one way. When the drunk driver turned, he turned the wrong way and travelled in the opposite direction of the one-way road. This caused the two vehicles to collide at a significant rate of speed.
The collision was high impact and left both vehicles completely inoperable. Shortly after the collision, police officers arrived on the scene. The responding officers interviewed the drunk driver and noticed that he was under the influence of alcohol. There were beer cans and liquor bottles littered throughout his vehicle. As a result, the drunk driver was charged with operating his vehicle with a blood-alcohol content level over the legal driving limit.
Wrong Way Driving Crashes Can Lead to Serious Personal Injuries
According to the U.S. Department of Transportation-Federal Highway Administration, a wrong-way crash is one in which a vehicle travels in the wrong direction opposing the legal flow of traffic and collides with a vehicle travelling on the same roadway in the proper direction. Wrong way driving crashes usually involve higher speed head-on collisions and tend to be more serious than other types of crashes. The forces generated in these types of collisions are significant because they involve vehicles travelling in opposite directions.
A wrong way crash is one in which a vehicle travels in the wrong direction opposing the legal flow of traffic and collides with a vehicle travelling on the same roadway in the proper direction.
As a result, wrong way car accidents cause a large number of fatalities across the United States each year. According to the AAA Foundation for Traffic Safety, there were 2,921 fatal wrong way crashes between 2010 and 2018. These crashes resulted in 3,885 deaths. On average, there are 500 wrong way crash fatalities per year across the United States.
Drunk Driving is a Major Cause of Wrong Way Driving and Wrong Way Car Accidents
According to an investigate report conducted by the National Transportation Safety Board, alcohol is a major cause of wrong way car accidents. According to the report, driver impairment by alcohol was a leading factor in wrong way driving collisions. The report looked at six years of crash data that included 1,566 wrong-way crashes that resulted in fatalities. The report found that 60% or 936 of the 1566 drivers involved were classified as having a positive Blood Alcohol Content (BAC) or police-reported alcohol involvement.
The report also concluded that about 59% of the wrong way drivers, with reported BAC results, were extremely intoxicated. This meant they had BAC levels at or above 0.15. On the other hand, of all drivers involved in fatal crashes, that were not wrong way driving crashes, during that same period, only 22 percent had BAC results at or above that level. In other words, it was approximately three times more likely that a driver involved in a wrong way fatal crash was highly intoxicated.
This data makes perfect sense. Drivers who are highly intoxicated are less likely to understand their surroundings. These drivers are less likely to appreciate the rules of the road and follow street signs and other warnings. These drivers may have no recollection of driving their vehicles at all and are impaired to the point where they can not drive a vehicle safely, much less walk, stand or function.
Confusion, Distraction and Unfamiliarity With the Area Are Other Causes of Wrong Way Crashes
Other factors that can lead to wrong way crashes include confusion and unfamiliarity with the area. Tourists who are not familiar with American traffic laws and signs, can become confused when navigating streets and find themselves heading down a road the wrong way. Even individuals who are very familiar with America’s traffic laws, but just not with the specific area where they are driving, can find themselves driving in the opposite direction against the legal flow of traffic.
Likewise, individuals who are distracted, looking for something or tending to something else, may miss a sign or warning and find themselves in a wrong way crash. Older individuals and elderly also are more susceptible to wrong way driving and resulting wrong way crashes. According to the above NTSB report, individuals over 70 were five times more likely to be involved in a wrong way driving fatal crash than a right way driving fatal crash.
Recovering For Personal Injuries Caused by A Wrong Way Car Accident
Individuals injured in a wrong way car accident have the right to recover for their injuries. This is true whether the injured person was in a vehicle that was struck by a wrong way driver or if the person was a passenger in the vehicle that the wrong way driver was operating. Either way, the injured individual was hurt due to the fault of the wrong way driver.
Individuals who are injured, due to the fault of a wrong way driver, should be able to receive full compensation for their injuries.
In these situations, it is difficult for the wrong way driver to contest fault or liability. Clearly, if he or she was driving the vehicle against the legal flow of traffic, he or she is responsible. Almost no argument may be made that another party is responsible, even in part, for causing the collision. As a result, individuals who are injured, due to the fault of a wrong way driver, should be able to receive full compensation for their injuries.
Contact A Monterey Car Accident Attorney Today
If you or a loved one was involved in a wrong way car accident or any accident due to no fault of your own, contact the Piccuta Law Group today. One of our experienced personal injury attorneys is available now to discuss your case. You can schedule an in-person consultation at our Monterey office. We also offer free consultations by Zoom or telephone. It costs nothing for us to handle your case and you only pay a fee if we recover for you. Our accident attorneys have handled hundreds of car accident cases and regularly obtain settlements and judgments for individuals injured in California and Monterey County specifically.
About the author: The content on this page was written by Monterey personal injury attorney and California civil rights lawyer Charles “Tony” Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Ranked Top 35 US News & World Report 2018). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout California and Arizona. He is a winning trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is AV Rated by Martindale Hubble. He is a member of the Consumer Attorneys of California, American Association for Justice, National Police Accountability Project, Arizona Association of Justice, Maricopa County Bar Association and Scottsdale Bar Association, among other organizations.
Disclaimer: The information on this web site is attorney advertising and is for informational purposes only. It does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.
References:
[3] https://www.ntsb.gov/safety/safety-studies/Documents/SIR1201.pdf