Visitor Question

Speeding Driver Ran a Red Light…

Submitted By: Gail (Eugene, Oregon, USA)

I was injured in a motor vehicle accident wherein a speeding driver ran a red light, crashing into another car which spun across the intersection and crashed into my van.

The speeding driver was cited and paid a $300+ fine for failure to obey a traffic signal.

I’m injured and my breast cancer treatment and fibromyalgia disability have also been aggravated from this accident’s injury. The insurance company is now low-balling reimbursement for my wrecked vehicle.

The stress of this event is deleterious to my health.

My life’s been totally upended by this.

What kind of compensation do you think I could get for my pain and suffering? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Gail,

Actually not a whole lot. Although you may believe the accident aggravated your breast cancer treatment and fibromyalgia, proving that correlation will be very dificult. Obtaining credible medical evidence which can prove the occurrence of the aggravation of your previous injuries will be difficult enough. Trying to show the degree of aggravation from the accident will be almost impossible.

Personal injury settlements are based primarily on negligence, causation and supporting medical documentation. While you clearly have established the negligence of the at-fault driver, and the causation of your injuries and property damage, you haven’t so far offered any type of medical proof of the aggravation of your previous condition.

Insurance company Claims Adjusters are difficult enough to deal with when a person has a strong case. Without one, dealing with an insurance Claims Adjuster can be a tortuous and futile experience.

Seek medical documentation before you take any action to attempt to settle your personal injury case. Also seek documented comparisons of what body shops cost to effect the repairs you need to your car and submit those “comps” to the adjuster. That should at last help your property damage settlement.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 9, 2012

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