A woman seriously injured in a 2010 crash in which her mother was killed has filed a $3 Million lawsuit against the ambulance companies and drivers involved in the collision. Carol Durham, of Gouverneur, NY filed the lawsuit earlier this summer in the New York Supreme Court. The Philadelphia defendants have denied any wrongdoing in the incident and asked the court this week to dismiss them from the case.
According to the lawsuit, one ambulance, from Fort Drum, NY, was waiting on the side of the road for the Philadelphia area ambulance, to facilitate the transfer of a patient. The Fort Drum ambulance pulled out from the side of the road and allegedly made a u-turn into the path of Durham’s car. The crash killed Durham’s mother who was a passenger in her vehicle. Durham herself suffered broken ribs, a lacerated wrist and injuries to her knees requiring surgical repair.
The lawsuit alleges that the defendant ambulances acted negligently by failing to activate their emergency lights and for failing to arrange their meeting place at a safe location. In addition, the lawsuit alleged that the ambulance blocked the road, prohibiting Durham from taking action to avoid the crash. However, investigation by a local sheriff department found that the ambulance did in fact have its lights and sirens activated. The ambulance’s driver was not issued a traffic citation nor has he been charged with a crime.
In response to the lawsuit, the defendants have disclaimed liability, asserting the crash was caused by circumstances beyond their control. Further, the defendants allege the driver of the car was injured through her own fault, as she was not wearing a seatbelt and have asked that the court reduce any award accordingly. Finally, the defendants claim the law permits emergency vehicles to stop, stand or park where other vehicles may not.
If you or someone you know has suffered serious injury or death as a result of a motor vehicle collision, you may want to consider contacting a personal injury lawyer to explain and protect your rights.
About the Author: Annie Reynolds is a practicing attorney at Sheridan & Murray, a personal injury law firm in Philadelphia, PA. Annie provides legal counsel and representation for victims, including those involved in car accidents, such as the one featured in this story.
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About the Author: Annie Reynolds is a Philadelphia medical malpractice lawyer at Sheridan & Murray, a well-respected personal injury litigation law firm in Pennsylvania.
