Our client was heading to work on a rainy morning when she noticed a fairly large object in the middle of her lane. She was unable to go around the object because of a steep culvert with a guardrail on the right and a no passing zone to the left. The object was too tall for her to drive over, so she stopped. When she stopped, it became apparent the object was a large turtle in the road. Shortly after she stopped, she was rear-ended by the defendant.
The insurance company denied the claim, arguing that our client should not have stopped in the roadway.
As a result of the impact, our client sustained a neck injury and head injury. A lawsuit was filed given the insurance company’s meritless denial. At mediation, the case settled for $100,000.