Four members of the Chicago women’s roller derby team the Windy City Rollers were injured last week in a car accident in the South Loop, the RedEye reports.
Irene “Senorita Slam” Kim, Maggie “Janicide Joplin” Follis, Carlie “Baberaham Lincoln” Lusk, and Sarah “Moby Nipps” Knipple were on their way to the Black and Blue Ball, Windy City Rollers’ annual awards ceremony. Knipple was to receive three awards at the ceremony. All four women survived the accident.
The minivan they were taking to the ceremony, driven by Kim, was about a block from Reggie’s, the venue for the ceremony, when a Ford Crown Victoria, being pursued by police, collided head-on with the Rollers’ vehicle. Knipple was the most severely injured, being knocked unconscious and suffering from a bleeding brain. Compounding the injury is the fact that Knipple has hemophilia, an inability of the blood to clot, making any bleeding injury potentially fatal. Lusk, Knipple’s wife, suffered a broken collar bone.
Knipple and Lusk are insured, but they worry still about their ability to pay what will be increasingly mounting medical bills in the future. The Windy City Rollers have set up a fund to help pay for their medical bills. Donors can support the cause online.
Chicago Car Accident Law
This accident brings up an interesting point on personal injury law. If someone is more susceptible to injury than your typical person, is the defendant liable to pay the entirety of their injury, or just what a typical person would suffer? The answer to that, like the answer to most questions on law, is, “It depends.” But it is likely that the defendant will have to pay for the entire injury.
In negligence law, a defendant is only liable for those injuries that were “proximately caused” by the defendant’s breach of duty. In a car accident, a defendant driver is liable for the injuries suffered by the driver of the other car. He likely would not be liable for a heart attack suffered by a pedestrian blocks away because of being startled by the sound of the collision. The driver’s injury is foreseeable; the pedestrian’s is not.
Under this logic, it is fair to assume that the defendant would only be liable for injuries that a typical person would suffer. It is foreseeable for a passenger in a car to have head trauma and bleeding; perhaps it is less foreseeable that a passenger would suffer from a genetic disorder preventing her wounds from healing. This, however, is not the state of the law. The injury itself must be foreseeable; the extent of the injury does not. This is sometimes referred to as the “eggshell skull” doctrine. Another maxim attorneys use is: “You must take your plaintiff as you find her.”
At-fault drivers who negligently injure others are liable for the injuries caused, regardless of severity. An experienced personal injury attorney can properly value your injuries and the amount you will likely spend on recovery throughout your life. Car accidents are catastrophic events that disrupt the lives of everyone involved. If you have been involved in a car accident, and you want to get your life back to normal as quickly and easily as possible,contact a Chicago car accident attorney.
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