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Fresno California Car Accident - Woman Awarded $10.5M
A 57-year old woman was recently awarded $10.5 million in damages for injuries sustained to her head after her car was hit by a truck driven by an employee who was legally drunk. The damages award is thought to be one of the largest in the Fresno / Sacramento California area.
What happened
According to an article in the Fresno Bee, www.fresnobee.com, 57-year old grandmother Maria Blanca Lopez's car was hit by a dump truck owned by DAV Charities of Central California. The driver, Jesus Chavez Ramirez, showed up to work illegally intoxicated on the morning of June 9th, 2007 with a blood alcohol level of .08% - but was allowed to drive the 20,000 pound truck anyway. While driving the truck, he hit Lopez's car and she sustained severe, permanent brain injuries.
She sued the company and a jury awarded her $10.5 million for her injuries - one of the largest personal injury jury verdicts in the Fresno / Sacramento area to date. The award consisted of $4 million for past and future medical expenses and another $6.5 million for Lopez's pain and suffering she sustained from the accident.
Vicarious liability
This case is an excellent example of vicarious liability - in which one party can be held responsible for another's actions. The specific type of vicarious liability at issue in this case is known as respondeat superior - a civil action where an employer can be held responsible for the actions of its employees. Since Ramirez was driving the truck for DAV, the company was held responsible for his actions. However, it should be noted that Ramirez was also sentenced to one year's jail time for driving while intoxicated - a criminal offense.
Knowing who's responsible
Knowing who's responsible for an accident is best determined by an experienced California car accident or California personal injury attorney as more than one party can often be responsible for damages.
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