AUTO ACCIDENT TORT CASE (YOUR GROUP PROJECT):
An auto accident happens in Little Rock, Arkansas. Car 1 ran a red light at Chenal and Bowman, and struck Car 2 from the side, damaging Car 2 and causing injury to the driver of Car 2. Insurance limits of Car 1’s policy were $25,000 for bodily harm and $25,000 for collision. Car 2 had liability only, with limits in the amount of $50,000.
The driver of Car 1 lives in Texas. Driver 1 was unhurt and had minor damage to his front bumper. His insurance company, Totals-a-lot, was based in New Hampshire. He called the insurance company immediately after the accident.
The driver of car 2 lives in Tennessee, and he was traveling back from vacation in Hot Springs when the accident occurred. His insurance company, Drives Rite, is incorporated in Delaware. Driver 2’s medical bills were in excess of $250,000, and he was unable to work for over six weeks due to multiple surgeries and recovery time. Luckily, he will heal and should not suffer life-long disability or impairment. His car, worth $46,000, was totaled.
The police cited the driver of Car 1 for failure to yield. Driver 2 thinks that Driver 1 was also speeding, and that he smelled of alcohol immediately after the collision.
The driver of Car 2, seeing Car 1 speeding toward the intersection, tried to avoid the collision by jamming on his breaks. Unfortunately, he hit the gas instead, and thus was t-boned by Car 1.
Questions for Discussion (at least four pages, double-spaced)
1. What all causes of action that can be brought and by which party? – 10
a. Driver 1
b. Driver 2
2. What are defenses that can be asserted for the claims? – 10
3. Where should the suit be brought and why? -10
4. What damages can be sought? – 10
5. What damages are likely to be recovered and why? – 10
