Passenger breaks hip in head-on collision involving fatality

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The plaintiff was a passenger in a car driven by her friend. They had been drinking at a private home for several hours when they started home after 1 a.m., both admittedly inebriated.

Along a winding portion of a local roadway with one lane in each direction, the car struck another car head-on at full speed. The driver of the other car was killed.

The plaintiff was transported to the hospital where she underwent surgical repair of her fractured hip.

Neither the plaintiff nor the host driver had any memory of the crash or its aftermath.

The State Police collision reconstructionist determined that the other driver, who had minimal insurance limits, had crossed the centerline and was 100 percent at fault for the collision. The carrier for the other car tendered its minimal limits.

There were no gouge marks, engine fluid or crash debris in the host driver’s lane to indicate that the host driver had done anything wrong. Based on those findings, the host driver’s carrier denied the claim as against her.

Plaintiff’s counsel engaged a collision reconstructionist to review the police reconstructionist’s report. Several deficiencies were found. Based on the “black box” data of the host car, the host driver had been speeding, thus depriving herself of sufficient time and distance to either avoid the collision or lessen the force of impact, which would arguably have avoided or decreased the severity of the plaintiff’s injuries.

Plaintiff’s counsel further argued that the host driver’s decision to drive while ostensibly impaired likely resulted in a slower reaction time upon seeing the other car, decreased concentration, impaired vision and poor judgment.

Upon reviewing the retained collision reconstructionist’s findings and plaintiff’s counsel’s liability arguments developed from those findings, the host driver’s carrier tendered its full policy limits, thus allowing plaintiff’s counsel to accept both carriers’ tenders, obviating the need for litigation.

Action: Motor vehicle negligence
Injuries alleged: Left hip fracture
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (settled)
Amount: $275,000
Date: Feb. 9, 2025
Attorney: Michael T. Lennon of The Lennon Law Firm, North Andover (for the plaintiff)