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13/Feb/2017
Case Study: Overcoming an Unfavourable Police Investigation

No financial compensation can be obtained on behalf of a client injured in a motor vehicle accident, unless there is a finding of negligence as against a third party.  The following case study is an illustration of how Bogoroch & Associates LLP obtained a settlement for a seriously-injured client, despite an unfavourable police investigation.

 

BASIC FACTS

Client’s Name

Jane Doe (name changed to preserve confidentiality)

Accident

Jane Doe was driving on a rural road, late at night, and was following the vehicle of her friend, Driver D (named change to preserve confidentiality).  They were headed to visit a friend, who lived in the country.  Driver D did not see the small NO EXIT sign located at a T-intersection and drove straight onto a private dirt road, instead of turning left and following the rural road.  When Driver D realized that she was on the wrong roadway, she braked, which caused dirt and dust to be thrown up behind her vehicle.  In response, our client also braked, then lost control of her vehicle and struck a tree.  Due to the severity of her injuries, Jane Doe did not recall how the accident had occurred.

The Police Investigation

The police attended the scene and conducted an investigation.  The police interviewed the witnesses in both vehicles and concluded that this was a single-vehicle collision involving Jane Doe’s vehicle and that the sole cause of the accident was our client’s loss of control.

 

STEPS TAKEN

Bogoroch & Associates LLP conducted its own investigation into the accident.  We obtained all of the police records and then had our investigator interview the witnesses.  Bogoroch & Associates LLP then retained an engineer, who inspected the collision site and prepared an accident reconstruction report.  Our engineer was critical of the road authority who had installed the NO EXIT sign and of the actions of Driver D.

Bogoroch & Associates LLP also retained the services of a human factors expert, who also conducted an assessment and prepared a report.  The human factors expert concluded that the signage in place was insufficient because it did not properly warn unfamiliar drivers of the sharp change in the road path on this rural road.

These liability expert reports were indispensable in resolving this case.  These reports created the risk of liability on both the road authority, who had installed the NO EXIT sign, and on Driver D.

 

CONCLUSION

The efforts and overall strategy of our team ensured that Jane Doe obtained financial compensation for her serious injuries from the roadway authority and from the automobile insurer of Driver D, despite an unfavourable police investigation.

When facing a difficult liability situation, you can be confident that, by choosing Bogoroch & Associates LLP, we will leave no stone unturned in our efforts to bring your case to a successful conclusion.  Our firm will conduct the required investigations, retain the appropriate experts, and pursue every available legal avenue, in order for you to obtain access to justice and financial compensation for your injuries.

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