Auto v. Auto- Dangerous Roadway: $390,000.00

Plaintiff driver, a 39 year old woman, was driving her Toyota Corolla on Interstate 10 in Riverside County. The other two plaintiffs were seat belted passengers, ages 50 and 70 years old. Plaintiff was driving in the #1 lane at 55-60 m.p.h. (the speed limit was 70 m.p.h.) It was raining and the roadway was wet. Plaintiff lost control of her vehicle and it spun out of control, coming to rest upside down on the center median completely outside any lanes of traffic. The parties crawled out of the broken windows of the car and were standing by it. Defendants driver was travelling at 65 m.p.h. when he saw plaintiff’s vehicle. He applied the brakes in an effort to slow down. His vehicle spun out of control, and skidded into the center median, where his vehicle struck plaintiffs. There were no warnings of any kind to indicate that water was collecting in this traffic lane. All witnesses confirmed that plaintiff’s vehicle was completely out of the traffic lanes when it was hit by defendant driver, and that the defendant driver’s vehicle spun out of control from the #1 lane and slid sideways into the plaintiffs and their vehicle in the center median. The plaintiffs contended that the defendant driver was driving too fast for the wet roadway conditions and that the water collecting on the freeway due to a defective road drainage constituted a dangerous roadway of which the state had notice from a prior condition. The defendants contended that the plaintiffs were travelling to fast for the roadway conditions. Plaintiff driver suffered a right tibia/fibula fracture which required an open reduction internal fixation surgery and soft tissue injuries to her neck, shoulder and back. Plaintiff passenger #1 suffered a fractured left pelvis, soft tissue injuries, lacerations, and contusions. Passenger #2 sustained a fracture of the left ankle, a severe ulceration of the left leg, a severe laceration of the left ear, and various soft tissue injuries and contusions.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.