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Automobile Negligence Settlement–Pedestrian on Shoulder Killed

Published on Jul 26, 2010 at 5:25 pm in General Blogs.

Robert L. Weinberg of Belsky, Weinberg & Horowitz, LLCsuccessfully won a settlement for policy limits in a
wrongful death claim involving multiple fatalities. The firm represented the
mother of a decedent driver who had pulled onto the shoulder of I-95 in Howard  County at the suggestion of his passenger who believed the driver “looked  tired”. After pulling onto the shoulder to switch drivers, a Ford Explorer left  the travel portion of the roadway, striking and killing the two occupants of the  vehicle, who at the time were standing next to their vehicle. An argument was  made that the driver was negligent for stopping ina no stopping area, however,  Mr Weinberg successfully argued at mediation that the case law stood in  contradiction to this argument. Clearly, the proximate cause of the accident was  the defendant’s bad driving and not the passive conduct of the plaintiff in  standing next to his vehicle.

Belsky, Weinberg & Horowitz handles a large number of complex personalinjury claims including motor vehicle accidentsmedical malpracticeworkers’s compensation and other general personal injury claims. For more information about our practice or if you wish to discuss your case with Mr. Weinberg or one of the other personal injury attorneys in the practice, please contact us.

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