Proving fault is the most important aspect of a successful auto accident claim. The person whose negligent behavior caused the motor vehicle accident is at fault, and is, therefore, liable for all of the damages caused by their carelessness or recklessness. However, sometimes liability is unclear, or there is shared fault. When liability cannot be easily determined, a jury sometimes divides fault based on the relative percentage of fault of each of the negligent parties. If you have been injured in an auto accident, by no fault of your own, contact our Boston car accident attorneys today.
In May 2012, Aaron Swenson and his wife were stopped in traffic on the Tri-State Tollway near Roosevelt Road in Chicago, Illinois. Adam Troy, who was driving a van, rear-ended Swensen. This crash caused Swensen’s car to hit the back of a truck, driven by Joseph LeSanche. The accident caused a five-car collision. Swenson died at the scene of the accident. LeSanche was transported to the hospital and treated for degenerative disk issues and protruding vertebrae.
According to the Chicago Daily Law Bulletin, Swenson’s wife’s lawsuit and LeSanche’s lawsuit were consolidated. The defendants include Troy and Hussman Corp., his employer. The lawsuit stated that Troy was under the influence of drugs, did not keep a proper lookout and did not decrease his speed to avoid a collision. It was determined that Troy was driving with multiple drugs in his system. Furthermore, it was concluded that Troy was driving at 57 miles per hour and did not break, instead hitting the accelerator three seconds before he crashed into Swenson. Swenson also alleged that Troy’s negligence caused her to suffer a miscarriage.
After deliberation, the jury awarded Swenson’s estate $2,729,371 for loss of money, benefits and goods and services; $10 million for loss of society; and $10 million for grief and sorrow. The jury also awarded LeSanche $2.3 million for future medical care and expenses; $4 million for current and future loss of a normal life; $3 million for current and future pain and suffering; $1 million for current and future emotional distress; $2 million for current and future lost wages; and $100,000 in punitive damages. Attorneys Kevin P. Durkin, Colin H. Dunn and Michael B. Barrett represented both Swenson and LeSanche.