Pompano Beach Florida Auto Accident Attorney Seeks Damages From Drunk Driver and Car Manufacturer
Our client, A 23 year-old carpenter was driving northbound on I-95 in Pompano Beach, Florida at 1:00 am when suddenly, a drunk driver was spotted driving in an erratic fashion, swerving, speeding and cutting in and out of traffic.
According to witnesses on the scene, the drunk driver caused another driver to clip the rear side of our client’s car, which caused him to spin off the highway onto the grassy shoulder. Due to the speed of the car and force of the impact, our client’s car ultimately flipped over and rolled. Our client’s car was totaled and he sustained severe injuries. He was immediately rushed to the nearest emergency room in the area. After several tests, the plaintiff was diagnosed with several injuries, the most serious being a thoracic spine fracture, which required a seven hour surgery. Thoracic spine fractures can be devastating and often result in permanent neurological injury. The plaintiff has spent months in rehabilitation with physical therapy and pain management regiments.
The injury has caused the plaintiff to incur over $100,000 in medical expenses. Additionally, due to the physical nature of his work as a carpenter, he will be unable to work for almost one year. This loss of income coupled with the mounting medical expenses requires the plaintiff’s attorneys, Dell & Schaefer, to demand the maximum limits of the defendant’s insurance policy.
Florida Crashworthiness Claim Against Car Manufacturer
Furthermore, the severity of the injuries has led his attorneys at Dell & Schaefer to further investigate a potential crashworthiness claim against the plaintiff’s auto manufacturer, a major American automobile maker. Crashworthiness is the ability of a vehicle to protect its occupants during a car crash. Car crashes are a common event, and thus car manufacturer have a duty to design vehicles which minimize injuries to occupants. This means that all components of the automobile, including the tires and in this case, the roof, must be deemed “reasonably safe” after judging all predictable dangers which can occur on the road.
If the product is found defective or “reasonably unsafe”, the manufacturer is liable. The roof of the plaintiff’s car collapsed in such a way as it likely caused the thoracic fracture. Most vehicle roofs would not have crushed as severely in the instance of a rollover accident. In this case, it seems as if the car was not designed to maximize the crashworthiness of the automobile, which resulted in the severe injuries. This case is currently still pending.