Overview

A 34-year-old mother of three suffered multiple spinal fractures, additional orthopaedic injuries, and a brain injury in a head-on collision with a school bus on an icy, rutted road. A lawsuit was brought against the municipality and bus driver, resulting in a $2.5 million settlement about one month before trial.

Key Takeaways

  • Settlement amount: $2.5 million
  • Accident type: Head-on collision with a school bus
  • Primary injuries: Neck fractures from C3 to C7 and brain injury
  • Additional injuries: T2 and T3 back fractures, leg fracture, and fractures of the elbow and forearm
  • Long-term impact: Unable to return to work due to the combination of her impairments
  • Notable legal issues: Winter road maintenance and the bus driver’s alleged failure to steer right to avoid the collision
  • Expert evidence: Winter road maintenance experts addressed the municipality’s road treatment practices
  • Resolution method: Settlement approximately one month before trial

The Case

Our client had just dropped her children off at school and was driving downhill on a narrow, rutted road covered with ice. As a school bus approached from the opposite direction, she tapped her brakes to slow down, began to fishtail, lost control, and collided head-on with the bus.

The 34-year-old mother suffered fractures in her neck from C3 to C7, fractures in her back at T2 and T3, a leg fracture, fractures of her elbow and forearm, and a brain injury. Before the collision, she worked as a Church administrator to support her family. The combination of her impairments prevented her from returning to work.

We sued the municipality responsible for maintaining the road and the bus driver for allegedly failing to steer right to avoid the collision. Experts with extensive experience in winter road maintenance were retained. Their evidence helped establish that the road was icy because the municipality was slow to begin treatment and used sand when it should have used salt.

The case settled approximately one month before trial for $2.5 million. The settlement provided funds for the client’s treatment and gave her peace of mind about being able to send her children to university.

Why It Matters

This case involved serious injuries and an inability to return to work following a collision on an icy road. Establishing the circumstances surrounding the road conditions required expert evidence concerning winter road maintenance and the municipality’s treatment of the roadway.

The $2.5 million settlement addressed the client’s lost income and treatment needs while providing financial security for her family.