Greater Sensitivity Needed When Handling Wrongful Death Distracted-Driving Cases

About 10 years ago I represented a mother whose 20-year-old son was killed while walking across the street. The defendant driver told police he never saw the young man. Based on that statement and what was contained in the police report, this looked to me like a case in which the driver had been distracted. There was no reason why an attentive driver should not have been able to see the ­pedestrian. The pedestrian was crossing from the driver’s left to right and, when struck, had completely crossed one lane of traffic and was most of the way through the driver’s lane of traffic. The mother kept asking over and over: “How could this have happened?” “Why didn’t the driver see my son?” and “Why my son?” The police ­investigation did not answer those questions. Shortly after I filed the wrongful death lawsuit the insurance company for the defendant offered its full policy ­limits. Within a few weeks I was also able to convince the applicable underinsured carrier to offer its full policy limits. We were still in the very early stages of the lawsuit so no ­depositions had been taken and only minimal discovery had been conducted. I was happy that I had been able to obtain the maximum available for my client and in a relatively short period of time. I thought that by getting a ­wrongful death settlement quickly, it would allow my client to more easily move on with her life. I presented the settlement to my client, told her that there were no other sources of recovery, and that it made sense to settle the case. She ­followed my advice and the case was ­settled, a release signed and funds distributed.

Looking back now I realize I had not fully served my client. I had obtained ­compensation for her, but I had not helped her to find answers for why her son had been killed in what seemed like a ­senseless and preventable crash. I was focused on compensation, but had done nothing to answer her questions. While I had been sympathetic and compassionate, I had not been empathetic. I did not realize then just how important it was to try to find answers to the questions that haunt clients whose loved ones are taken suddenly in auto collisions.