Can an Injured Person Recover When they Cause the Accident?

In most cases it makes sense to simplify and focus.  That usually means eliminating distractions and limiting the story to why the other driver was at fault.

But it gets a little more interesting (and requires a lot more creativity) when the injured person caused the accident.  In motor vehicle accident cases this usually means ferreting out whether (1) the configuration of the road or highway contributed to the crash and/or (2) if some safety device or feature of the vehicle failed.

Pennsylvania jury issues $55 million verdict against Honda after crash.
The AP (6/27) reports from Philadelphia that a jury has ordered Honda Motor Co. “to pay $55.3 million for a rollover accident that left a Pennsylvania man paralyzed, but the car company said” that it would appeal. Attorneys for Carlos Martinez, 57, of York, PA, “argued during a nine-day trial that a faulty seat belt design in his Acura Integra caused the permanent injuries he suffered in 2010.” Martinez was driving to work in suburban Baltimore “when a tire blew out and he lost control of the car, said his attorney, Stewart Eisenberg.” The seat belt “failed to prevent Martinez’s head from hitting the roof of the car as it rolled over, the lawyer said.” Damages in the jury’s judgment “include money for pain and suffering, future medical expenses, loss of consortium and loss of earnings.”

We’ve handled a lot of product liability and highway design cases.  We’d be happy to talk to you about your case—particularly if there were serious injuries—even if you caused the accident.  Let’s find out if there was something else going on that either caused or amplified your injuries.

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