$1,250,000 Settlement - Distracted Driver Fatally Injures Pedestrian
In a recent wrongful death lawsuit, the estate of a 21 year-old deceased man sued the distracted driver that had caused the man's death.
The AccidentThe young man had been walking along the marked shoulder of the roadway at night and was killed when hit from behind by an SUV driven by a distracted driver who was glancing at his mobile device, causing him to stray from his designated lane.
The OutcomeThe defendant's insurance company made several attempts to mitigate the defendant's responsibility for the pedestrian accident as well as exclude coverage, all of which failed. The insurance company argued that the value of the plaintiff and victims life was worth less than the full $1,250,000 coverage on the policy. However, because the damages for a wrongful death of a 21 year-old, where liability is conclusively established, well exceeds the full policy.