T.J. Preuss and Brian Madden achieved a $750,000 arbitration award for their client against the Missouri Highway and Transportation Commission (MODOT), arising from an intersection collision at Routes NN and VV in Clinton County, Missouri.
The collision occurred on January 14, 2006, when an intoxicated driver ran a stop sign and collided with a car in which our client was a restrained passenger. Our client suffered severe injuries including brain injuries. The arbitration panel determined that the intoxicated driver, who ran a stop sign, was the primary cause of the intersection collision. However, the arbitration panel also found that MODOT contributed to cause this collision because of the dangerous condition of the NN and VV intersection at the time of the collision.
The arbitration panel determined that the sightlines at the intersection were obscured and that there was inadequate signage on both roads. The panel determined that the sightlines at the intersection created a blind spot that prevented drivers on eastbound Route NN (the direction of travel for our client) from being able to see traffic approaching from the north on Route VV (the direction of travel of the intoxicated driver).
At the time of the collision, the intersection was not a 4-way stop, so our client and his driver had no warning of the oncoming southbound vehicle on Route VV. Before this collision, the accident rate at this intersection was almost six times higher than the Missouri state average. In addition, there had been complaints to MODOT about the sightline problems at this intersection before this collision that went unheeded.
Pursuant to Missouri law, which caps MODOT liability, the arbitration award was reduced to approximately $380,000.
At Wagstaff & Cartmell, our personal injury attorneys bring our strategic focus and courtroom experience to achieve the best results possible for our clients.