Two daughters recently secured two separate $100,000 settlements related to an accident that their father was injured as a passenger in and who later died from in Overland Park, Kansas. In April 2019, our clients' father was a passenger in a car driven by his wife and attempting to turn on to 103rd Street in Overland Park, Kansas. The car that our clients' father was in (and driven by his wife) was T-Boned by a car traveling on 103rd street. The car our clients' father was in was eventually cited by the police for failure to yield. Foster Wallace was quickly engaged by the daughters to represent them and a spoliation letter was quickly sent to both their mother's own insurance company and the other driver's insurance company requesting that they not dispose of either of the cars so that Foster Wallace could examine them both.
Foster Wallace then engaged an expert to extract data from both the cars that showed the other driver was speeding prior to the accident and hit the brake less than a second before the accident. Because of this data, Foster Wallace turned down the other driver's offers to settle this matter on the cheap and demanded and eventually obtained two policy limit offers for the daughters. Because this was a wrongful death claim, the settlement was recently approved by the Johnson County court in both cases.
This case is a good example of why it is important to hire a competent attorney after a car accident as if the car was disposed of by the other driver then there would have been no proof that the driver was speeding and not paying attention. Because we were able to hire an expert quickly to pull data from the other driver’s automobile, our clients received an additional $100,000.00 (which were that driver’s insurance policy limits).