Our client was going through a construction zone in a vehicle and her passenger tires went just over the fog line as she edged to the right with an oncoming semi crowding the lane. Unbeknownst to her, there was a 6- to 9-inch drop-off right at the edge of the fog line.
A Wisconsin statute says contractors working on roads where there is that big a drop off must bring the shoulder to the same level as the road within 48 hours. The last work on the construction zone road was done weeks before the accident and there had even been another accident just two weeks prior, at the exact same location with no injury.
Our client was essentially catapulted into the oncoming semi causing a catastrophic injury and death. The contractor’s insurance company denied the case, but after litigation, the case was settled at mediation for $250,000.