High-speed crash leaves two badly hurt: $2.65 million settlement

Action: Auto accident

Injuries alleged: First client was airlifted to an emergency room with spinal cord, head and neck injuries and a broken leg; second client was taken to an emergency room with spinal cord, head and neck injuries

Case name: Withheld

Court/case no.: Withheld

Jury and/or judge: Withheld

Amount: $2.65 million

High-low agreement:

Date: March 8, 2023

Most helpful expert: RM Balgowan Forensic & Engineering Service

Attorneys: Christopher Hart of Hart Law and Gary Poliakoff of Poliakoff & Associates, Columbia and Spartanburg (for the plaintiff)

A husband and wife were driving home from a gospel concert when an uninsured driver slammed into the rear of their vehicle. The second driver’s vehicle then sliced through the median cable barrier at an estimated 100 mph and crashed head-on into a third vehicle, causing the third vehicle to flip several times and leaving its passenger dangling from the roof held only by the seat belt.

The uninsured driver fled his vehicle on foot, witnesses said; however, he was identified by personal belongings left in his vehicle and later arrested and charged with hit and run causing great bodily injury.

Though the accident happened only a few miles from a hospital emergency room, the wife’s injuries were so severe she had to be airlifted there.

Plaintiff’s counsel filed a lawsuit against the company that installed the median cable barrier, the highway department and the company that performed maintenance on the cable barrier, alleging defective design, installation, repair and maintenance. The defendants were on prior notice of those issues after several previous vehicles crashed through the cable barrier.

Recovery was from all the defendants and from the clients’ uninsured motorist policy.

Both clients have physically recovered and are doing well.