The plaintiff in this case, who was a twenty-four year old woman, was taking an exercise walk in Braintree, Massachusetts. Because the sidewalks were not plowed, she was walking along the side of the road, in the direction of on-coming traffic. This pedestrian accident occurred when whe was struck by an car, which swerved from the travel lane, and she was thrown forty feet. At the time of the car accident, the defendant driver, who had long suffered from juvenile diabetes, was suffering a period of hypoglycemia and was disoriented and impaired. In fact, she was not immediately aware that she had caused a motor vehicle accident, and she had to be stopped by other motorists who thought she was drunk. Discovery in the case revealed that the defendant had failed to keep her blood sugar properly regulated, which was the direct cause of her impairment. Plaintiff's severe physical injuries were complicated by events after surgery. Shortly after her leg operation, the plaintiff aspirated vomit and suffered severe lung complications leading to a coma. In addition, it was determined she had suffered a significant closed head injury. At the time of the accident the plaintiff was disabled due to a congenital condition she had. Plaintiff also had a history of learning disabilities. The plaintiff had no memory of the accident, but discovery revealed that the defendant had been driving recklessly for miles before the accident scene, and that she was actually driving away from her home, even though that is where she intended to go. The case was settled between the pre-trial and trial dates, just fifteen months after the accident. The amount of the settlement was the full coverage under the driver's automobile policy and her parents' homeowner's umbrella policy. The defendant was otherwise judgment-proof.
For more information on choosing a car accident lawyer, please refer to our page on Personal Injury Caused by a Motor Vehicle Accident. Also, please refer to our page on Choosing a Massachusetts Pedestrian Accident Lawyer for information about pedestrian accidents in Massachusetts.
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