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Double Drunk Driver Case Results in Double Policy Limits Settlement for Young Man With Head Injury

Double Drunk Driver Case Results in Double Policy Limits Settlement for Young Man With Head Injury

Posted By The Dunnion Law Firm || 14-Feb-2011

In the early morning hours in September 2009, four young people were going home from a night of partying in the East Bay. As they drove east bound on Highway 4, the car died–from engine trouble of lack of gas–no one will ever know. The driver pulled over to the shoulder and called 911. While they waited, another reveler, later determined also to be under the influence of alcohol, came along. He was not only drunk, he was texting his family for directions to his own home! He told the officer that the (parked) car "came out of nowhere." He slammed into it and knocked it across the verge and into a pole.

Unfortunately, two brothers, passengers in the stalled car, were hurt and they hired The Dunnion Law Firm to represent them. One had remained seat belted and sustained only mild injures, but the other had taken his restraint off to stretch. When the collision happened, he was knocked unconscious and sustained a serious head injury that will affect him for the rest of his life.

The drunk driver tendered his $500,000 single limit policy to all four parties in the stalled vehicle, and The Dunnion Law Firm had to strenuously defend their two clients’ rights to the lion’s share of the proceeds of that driver’s policy. Through further investigation, it was revealed that the driver of their own vehicle had also been drinking allowing The Dunnion Law Firm now to present a negligence claim against her under the theory that had she been sober she might have noticed something wrong with her car, or made sure the gas tank was full, such that they all would have made it safely home. Through theis strategy, the firm was able to obtain an additional quarter million dollars (policy limit) for their injured client from his own driver on top of the bulk of the first settlement. Finally, since the clients had no health insurance, there was danger that the entire settlement,even though substantial, would be consumed by medical costs. The firm was able to counsel the family on the procedures for applying for benefits for the clients such that the medical bills have all been paid.