Fell asleep at the wheel in Norwich, Connecticut.

The case of the driver who fell asleep at the wheel in Norwich, Connecticut.

The facts of the case.

It was a bright December morning in Norwich, Connecticut, and a driver fell asleep at the wheel.  It was cold, but sunny.  On this Saturday morning, like most Saturdays, there was little traffic on Rt. 395 in Norwich, Connecticut.  The road is mostly straight, wide, and the sight-line was far and clear.

Our clients were sisters from Lisbon, Connecticut who were coming home from the gym on Saturday morning.  We represented the driver and the passenger.  They were traveling north on Rt. 395 in Norwich.  There was no snow on the roads.  There was very little traffic.  As they drove, the driver noticed a pickup truck approaching them from behind, and traveling very fast.  She alerted her sister.  The pickup truck was in the slow lane like our client’s car.  It was closing in on our client’s car quickly.  As it got closer and closer to our client’s car, the pickup truck did not alter its speed or direction.  Our clients expected the pickup truck to change lanes and pass our clients on the left.

The pickup truck continued to close at a high rate of speed.  Now it was dangerously close.  It appeared that the pickup truck was going to crash into the rear of our client’s car.  They expected the pickup truck to change lanes to pass at the last minute, but it did not.

Next, in an emergency attempt to get out of the way of the pick up truck, our client turned her car to her right into the breakdown lane.  They were too late.  The pickup truck hit the rear driver’s side of our client’s car, and practically ran up the driver’s side rear portion of that car.  Our client’s car was forced off the highway, did a 360, ran up an embankment and back down, and then ended up back on the highway.  The pickup truck flipped over did did several 360s, and ended up upside down on the highway.

Our client’s were shaken, stunned, and bruised up.  They were sore, and knew they were very lucky.

As it turned out, the driver of the pickup truck later testified under oath that she fell asleep at the wheel after a long late Friday night.  She was young girl from Lisbon, Connecticut.  There was no alcohol in her system.  Our clients were very suspicious of this explanation of the crash since the pickup truck was traveling perfectly straight for a pretty long distance before the crash.  If she fell asleep at the wheel then we would have expected the truck to veer to the left or the right.  Instead, it traveled straight according to our clients.  We always suspected that the driver might have been texting while driving.  We had no way to prove that.  It did not matter, however, since the driver admitted fault by admitting that she fell asleep at the wheel.

How we helped our clients.

First, we answered our clients’ questions, and advised our clients of their rights, and probable outcomes for their case.  Second, in this case, since there were two plaintiffs, we also explained the pros and cons of representing both of them in the same case, and the various conflict of interest rules that applied to this situation.  Third, our clients had many questions about their rights in this situation, and we answered all of them.  They had suffered physical injuries in the crash, and were incurring medical bills.  While they had good heath insurance, they were concerned of their mounting expenses due to health insurance co-pays.  Also, some of their medical care was not covered by their health insurance.  We explained their legal rights to receive fair compensation from the other party for all of their harms and losses including the costs of the medical bills–past, and future.

Our clients also suffered physical injuries.  Both had neck injuries.  One also had bad headaches.  One had some pre-existing neck medical care.  One also had a hand injury.  Both were concerned that their injuries might never go away.  They opted for conservative medical care.  Both improved over time, but still one of them ended up with permanent condition.  They were both affected in unique ways, and they both lost the ability to engage in certain activities.  We explained their rights to compensation for their losses, and we worked with them to help them prove those losses to the defendant’s insurance company.  We prepared for trial, and our clients were both ready for their day in Court.

The case was brought in the Superior Court in New London, Connecticut, and proceeded according to plan.  The defendant’s insurance company was Allstate Insurance Company.

The settlement.

The case settled during jury selection for $45,000.00 for one sister, and $16,000.00 for the other.

Where to find help.

If you or a loved one have been injured due to someone else’s fault, and have questions about your legal rights, contact the personal injury lawyers at The Bartinik Law Firm LLC at 860 445-8521.