An interesting unpublished 2013 appellate decision related to contributory negligence arising out of a rear-end car accident. The plaintiff sued the defendants, arguing that the accident happened as a direct result of their negligence. She voluntarily dismissed one of the defendants but took the other defendant to trial.
The case arose when the plaintiff and the defendant were driving southbound when the defendant rear-ended the plaintiff. The plaintiff had been driving at about 35 mph when she signaled to make a left turn. She was starting the turn when she was hit on the rear passenger side of her car. The defendant had been following the plaintiff and felt aggravated by the slow speed of the plaintiff, and she said that there was no turn signal when the plaintiff suddenly stopped. The defendant braked and turned right to try to avoid hitting the plaintiff.
After the crash, the plaintiff’s car went to the right of her driveway and moved through her yard before hitting trees and a deck and landing on its side. The impact resulted in the deployment of the airbags. The windshield shattered. The plaintiff’s body was pushed back, while her head moved forward, and she had to be taken out of the car by firemen. She suffered injuries to her neck and back and had medical bills of about $12,500. However, when the accident happened, her driver’s license had been revoked, and she didn’t have a license to operate a car.