What is the Value of This Trucking Accident?
Attorney
(866) 735-1102 Ext 412
I thought I would have some fun for those reading this. I'm going to present a hypothetical accident involving three different people. In doing so, your job is to tell me whose case is worth the most under normal tort law and whose case is worth the most under the draconian tort reform (ie corporate immunity) laws being passed by states with hard caps on non-economic damages. Lets assume for out hypothetical that the state has a $300,000.00 cap on non-economic damags.
Hypothetically, the accident happens on I-35 in Oklahoma City, A Semi, owned by Desperate Housewives Trucking Company is speeding in a construction zone when they rear-end a 2003 Pontiac Grand Prix. The driver of the semi had been driving on a long haul from Houston Texas.
Our three different Plaintiffs who were in the car are an 17 year-old female honor student ("Jane Doe") recently accepted into Local University and she wants to major in pre-med; her brother is a 27 year-old male ("Jacob Doe") working as a stocker at a Grocery Store making $20,000.00 per year, he has a criminal history with some minor drug arrests; and their retired 81 year-old grandmother ("Nona Doe"). Jane Doe lost both arms in the accident, Jacob Doe lost his right arm and left leg in the accident and Nona Doe lost both her legs.
The medical bills for each of the Plaintiffs is about the same. The state recognizes loss wages as part of the actual damages. The question is, whose case is more valuable? The 17 year-old high school student? The 27 year-old grocery stocker with a checkered background or the 81 year-old grandmother. I will post tomorrow with a breakdown of whose case is most valuable under normal tort law and whose is the most valuable under the tort reform laws being enacted and proposed by politicians.
For more information on this subject, please refer to the section on Tractor-trailer Accidents.