Hamill Law Firm
Client wrongfully accused of speeding and Drunk Driving is awarded $100,000
Andrea G., was driving her motorcycle last July 3rd 2006 when she was run off the road by a vehicle which took off without leaving its identity. She crashed and suffered injuries to her hand and arm resulting in a permanent scar.
Her Insurance company issued a surcharge claiming the accident was Andrea’s fault. We appealed and prevailed at the registry hearing on behalf of Andrea, lifting the surcharge.
The Insurance Company offered her nothing so we proceeded to try the case. The Insuror made the following arguements at trial: (1) that there was NO car that had ever run Andrea’s motorcycle off the road (ie Andrea made up the ‘phantom car’ story); (2) they produced an independant witness who claimed that Andrea was “speeding” and (3) they produced a hospital record blood test which they claimed showed Andreas had a blood alcohol level equivalent to .12 – well over the legal limit. They also produced a doctors expert opinion that stated Andrea was well above the legal limit for intoxication.
Through diligent and dogged preparation we were able to disprove all of the insurance Companies defenses. We called the Police officer who responded to the scene to testify. The Police observed NO smell of alcohol on Andrea’s breath. We were able to undermine the ‘independant’ witness observation that Andrea was speeding by noting that the police asked this witness at the scene how the accident happened and the witness never mentionned speed as a cause.
The decision was received March 17, 2008 in favor of Andrea for the full policy limits of $100,000.00 and it was the right decision yet a courageous one nonetheless for the trier of fact to make in view of the multitude of spurious insurance company defenses. The case was tried by Bernard J. Hamill and co-counsel Shayna O’Brien.
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Our law firm prides itself in taking on the most difficult and challenging cases. Call us if you have been injured by anothers negligence or like Andrea if you have been WRONGFULLY accused of causing an accident.
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