Our Client Makes A Left Turn And Wins In A Car Accident Case!
Author: Attorney Daniel Villalobos
Our Client Makes A Legal Left Turn
Our client, a mid thirties woman, was stopped at a red traffic light. The light changed to what the client believed to be green and she proceeded to make her left turn at the intersection. Suddenly and without warning, another driver drove straight into her from the opposite direction and caused an accident. Our driver was knocked unconscious. When she regained her consciousness she had no recollection of what color her light was at the time she made the turn. She sat and wondered if she had caused the accident. The police came to the scene and cited our client with being at fault in the accident. Not knowing what else to do, she called the Hallandale Beach Auto Accident Attorneys Dell & Schaefer. Fortunately for the client, she spoke to one of the attorneys at the firm who happened to live a few blocks from where the accident occurred. Our firm’s attorney knew immediately that our client was not at fault despite her making the left turn. He remembered that at the very intersection where the accident occurred, the traffic light does not change from red to green; rather it changes from red to a left turn green arrow. He knew immediately that the vehicle traveling in the opposite direction ran the red light and struck our client who was lawfully making a left turn according to the green arrow. Our firm took the case and prepared for the big fight with the other driver’s insurance company—Progressive Insurance Company.
Dell & Schaefer Negotiate The Claim With The Insurance Company
After our client finished with her medical care, our firm filed a bodily injury demand with Progressive Insurance Company. Our firm sought monetary damages for bodily injury, aggravation of a preexisting injury, pain and suffering, loss of consortium, disability, mental anguish, property damage, past and future medical expenses, lost wages, and impairment of ability to earn future wages. Immediately after filing the claim our firm received a flat out denial letter from Progressive. They said our client made the left turn and since their client claimed to have a green light and the right of way then our client was at fault and that we were out of luck. But as luck would have it our firm did not back down. Instead our firm filed a lawsuit and set the Progressive driver for a deposition.
We knew that if we simply asked the Progressive driver if she ran a red light then she would simply respond “no.” That would be too easy for her and we would lose. So our firm had to figure out a way to ask the right questions so that her answers would allow us to infer that she ran the red light.
At the deposition our attorney asked the Progressive driver what her location was at the traffic light when it was red. The driver stated she was first in line at the red light waiting for the green light. Our attorney then asked the driver as soon as the red light changed colors what did she immediately do. The driver stated that as soon as the light changed from red, she immediately, without any delay, drove forward at which time the accident occurred. Our lawyer knew he had won the case right then and there. With her recorded statement on record, our firm went back to Progressive and informed them there was no way our client was at fault. We argued that since the red light first changes from red to a left turn green arrow, then the Progressive driver had to have ran the red light by moving forward. The green arrow would have only allowed her to make a left turn. We reminded them that their client stated under oath that as soon as the light changed, she proceeded forward without any delay. Because she did not wait for the green arrow to turn into a full solid green allowing her to go straight, then we argued it was the Progressive driver’s fault and our client was only making her left turn according to the green arrow that she had as well.
Progressive took a few days to reflect on our position. They even sent a private investigator to the scene to check the light sequence to be certain that the light does not change from red to green but rather red to a green arrow. A few days later they called us and agreed that their insured had to have blown a red light. They immediately tendered out their policy limits of $10,000.
Our client was absolutely thrilled that our firm took the extra time to analyze the light sequences of the traffic light to be certain that our client could not have caused the accident. Call us for a free consultation. There is no fee or costs unless we recover money for you.