Crash Bytes (July '10)

Investigation Clears Insured of Criminal Negligence

What usually happens when your Insured turns left on a green light and is t-boned midway through an intersection? Most investigating officers will find your Insured at fault – and you get the bill. When the other vehicle is a police car and the officer driving is seriously injured? Your Insured may be facing criminal charges.

We recently wrapped up a case in which the Insured was charged criminally for making a left turn on a green light in front of an unmarked police vehicle, with extensive damages to both vehicles and serious injuries to the officer. Police calculations had their vehicle at 11 mph over the speed limit (46 in a 35). Our calculations, however, showed a speed of more than 60 for the police vehicle!

We presented our evidence to the jury, including a blown-up aerial photo of the intersection, and demonstrated that, even at only 11 mph over the speed limit, the officer had ample time and distance within which to take evasive action to avoid the accident. In addition, we proved to the jury that the accident would not have occurred (the Insured vehicle would have safely crossed the path of the oncoming police vehicle) and the officer would not have had to take any evasive action at all, if the police vehicle had been traveling at the posted speed limit, instead of the 11 mph over as claimed. The jury agreed and the Insured was found not guilty on all charges.

Remember….it doesn’t require much speed on the part of the other vehicle to tilt liability back onto the Claimant. In most cases, a time-distance analysis of the accident will show that the accident either would not have occurred, or was completely avoidable, at a Claimant vehicle speed of only 10 mph over the limit!