U.S. District Judge Philip S. Gutierrez awarded $4.1 million to a man from Long Beach, who suffered a brain injury when the vehicle of a Drug Enforcement Administration's (DEA) Special Agent rammed into the rear end of his vehicle.
The lawsuit was filed by the victim and his wife claiming negligence and seeking damages for medical expenses, loss of income, pain, and suffering, and the wife’s loss of her husband’s companionship.
According to the court papers, the victim stopped his vehicle and looked in his rearview mirror and saw the agent driving toward him without looking at the road ahead. It resulted in the agent crashing into the rear end of the victim's vehicle, causing permanent disability to him.
In a car accident scenario, a person can be negligent by doing something that he or she should not have done, like for instance, running a red light or speeding, or by failing to do something that he or she should have done like failing to yield, not stopping for a pedestrian, or forgetting to turn on headlights while driving at night.
A driver must use reasonable care to avoid injuring other motorists, passengers, or pedestrians. If a driver is not reasonably careful, and someone is harmed as a result, the driver and the driver's car insurance carrier can be financially liable for that person's injuries and other losses.
Drivers must drive at a reasonable, prudent speed in light of the existing traffic, road, visibility, and weather conditions. Even driving at the speed limit can be considered negligent if, for example, visibility is low, the weather is bad, or the circumstances warrant particular caution.
Drivers must be alert and to maintain a careful lookout for other vehicles, pedestrians, and road hazards. Drivers are expected to see the things that an ordinary, prudent person would see. Failure to do so can constitute negligence.
Victim's lawyer informed that the impact caused permanent disability to the 55-year-old former Southern California Edison employee, for which the government offered $900,000 to settle before the non-jury trial. He is also suffering from post-concussion syndrome, a mild traumatic brain injury, post the accident.
