thumbnailOn February 27th, 2010, Zachary Duncan lost control of his car and ended up driving off the side of the road, hitting a snow bank and rolling down a hill until his car was stopped by a tree. Zachary was driving the car with a friend when the accident occurred. His friend, who was the passenger in the car, was uninjured while Zachary hit his head on the roof rail and suffered traumatic brain injury leaving him in a coma for a week and in the care of a long-term living facility.
Zachary’s parents took action by suing Hyundai Motor America, stating that the airbags did not open properly and failed to prevent their son’s brain injury. Zachary’s family was awarded $14 million to cover the damages after the plaintiff’s attorney convinced the Pulaski Circuit Court that the air bag sensors on the Hyundai Tiburon models made between 2003 and 2008 were flawed.
This case was a very long and drawn out process for Zachary and his family. Initially, the case ended in mistrial in September 2012, after jurors could not reach a verdict. The retrial began June 17th, 2013. After two weeks of hearing testimony, examining the circumstances of the crash, as well as additional forms of evidence, the jury concluded that Hyundai made a car that was “unreasonably dangerous”.
Auto accidents are all too common. With around 18,000 auto accidents a day in the US, there are many serious cases that can lead to the injured having large medical bills and even long term affects. In some cases, a product defect or even someone else may be responsible for the injury and paying related expenses. The process to receive these funds through a claim or case is not easy and can be lengthy; for Zachary and his family, it took three years. While waiting for a settlement, the injured and their families are still responsible for paying the bills. Pre settlement funding can assist when funds for these bills are not available.

No Comments

Leave a Comment

Related Articles