In 2013, Mr. Cox secured the full liability policy limits from a teen driver who struck his client while driving on Lindberg at night. Unfortunately, at the time of the accident, Mr. Cox’s client was heavily intoxicated with a blood alcohol limit of more than three times the legal limit. After drinking at a bar, he was attempting to cross a roadway to walk back home. He did not use a crosswalk. Due to the intoxication levels, the driver’s insurance company vigorously denied liability. Furthermore, according to the police investigation, Mr. Cox’s client was 100% at fault for his injuries. The driver testified that she did not see Mr. Cox’s client crossing the roadway due to the cover of darkness.
After Mr. Cox got involved, he thoroughly investigated the incident and determined that ample lighting existed at the location of the collision in the form of overhead mercury vapor lights located along the eastern edge of the roadway. Lighting from the parking lots of both the police station and surrounding businesses provided additional illumination of the roadway. Based on this investigation, Mr. Cox determined that the roadway was well-illuminated during the evening hours. Since the average vehicle’s low beam headlamp system illuminates the roadway at a distance of 45 feet, additional illumination would have been provided by the driver’s vehicle as it traveled. In summary, Mr. Cox argued, the driver should have seen Mr. Cox’s client and could have braked or swerved to avoid hitting him.
While Mr. Cox’s client was intoxicated, he did the right thing in deciding to walk home instead of driving. Due to his investigation of the lighting at the scene, Mr. Cox was able to maximize his client’s recovery by proving that the teen was not paying attention to the roadway in front of her.