Broadside collision leads to $4.5M settlement
A woman who was injured by an allegedly distracted driver has agreed to a mediated settlement of $4.5 million, her attorney reports. William Goldfarb of Monroe reports that his client was turning left when the defendant, who was traveling approximately 55 mph in a commercial van, ran a red light and broadsided his client’s vehicle. Goldfarb said that […]
Teen struck by distracted driver awarded $350K
A Raleigh teen struck by an SUV as he crossed a marked crosswalk in 2012 has been awarded $350,000 by a three-arbitrator panel, his attorney reports. According to Jason Tuttle of Everett Gaskins Hancock in Raleigh, Joshua Lawton, then 14, was crossing Leesville Road Extension when he was hit by a vehicle and thrown several […]
Scribner’s Error: Pushing the limits of reasonableness and prudence
"Reasonable and prudent." That was the daytime speed limit in Montana for a breezy four years after Congress in 1995 lifted its draconian, federally mandated limits, which first imposed the pokey "double-nickel" 55-mph limit that was later softened to 65. Does that mean that there was an American Autobahn in Big Sky Country in the late '90s? Not exactly.
Push for ban on cell phone use while driving is on
With texting behind the wheel already outlawed in North Carolina for more than a year, two new bills have been introduced in the legislature this year to ban cell phone use while driving. H. 31, titled "An act to make using a mobile phone unlawful while driving a motor vehicle on a public street or highway or public vehicular area," sponsored by Reps. Garland E. Pierce, D-Hoke, and Charles Graham,[...]
No liability for device makers in Buncombe distracted driver crash
Two companies that manufacture communications devices for truck drivers have been dismissed from a lawsuit brought by plaintiffs injured in a 2008 accident on Interstate 40 in Buncombe County. U.S. Magistrate Judge Dennis L. Howell had recommended that Geologic Solutions, Inc.'s and Xata Corporation's 12(b)(6) motions to dismiss be allowed because the plaintiffs failed to state a recognized cause [...]
Torts/Negligence – Products Liability – Trucking Communications Device – Wreck – Distraction – Duty – Foreseeability
Products Liability - Trucking Communications Device - Wreck - Distraction - Duty - Foreseeability
Electronic-device manufacturers may avoid liability for injuries caused by distracted drivers
Motorists injured in a 2008 pileup on I-40 in Buncombe County should not be able to recover from the maker of a communications device a trucker was using at the time, a federal magistrate has recommended in a case that could indicate limits on manufacturers’ liability for accidents involving distracted drivers. In the first case […]
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