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One of the more tragic case that we’ve handled was for the Gomez family and this family was a young man, his finance, and his mother were driving down the road and they were rear ended by an 18-wheeler. The mother was killed and the young woman lost her arm in the rollover that happened. One of the excuses I think the defense was trying to say is that you know, sometimes, ladies and gentlemen, accidents just happen. We reject that completely. I don’t think accidents just happen. I think they’re the result of choices or people who refuse to make choices.
And what we were able to show was that truck driver refused to make the safe choice of watching the road and seeing what’s there to be seen. Instead, I think he was lured into being a passive participant in the driving exercise. He’s just along for the ride instead of staying so vigilant on what’s ahead of him. And what was ahead of him was a beautiful family. And when he made the choice to not be an active participant that’s what he caused and that verdict reflected how I felt about it. That it wasn’t just wow, this is a tragic event or accident. Because although it was tragic indeed, it should never have happened. And I think that we were successful in showing that in court.
Los Angeles, CA personal injury attorney Thomas Johnston talks about a case he worked on involving a tragic accident where an 18 wheeler rear-ended a car. He recalls one of the more tragic cases his firm has handled, involving the Gomez family. A young man, his fiancée, and his mother were driving when they were rear-ended by an 18-wheeler. The mother was killed, and the young woman lost her arm in the resulting rollover. He rejects the defense’s suggestion that “accidents just happen.” In his view, accidents are the result of choices—or the failure to make the right choices.
In this case, they were able to demonstrate that the truck driver failed to make the safe choice of paying attention to the road. Instead, he became a passive participant in the act of driving, not vigilant about what lay ahead. Tragically, what lay ahead was a family whose lives were forever changed. By failing to actively engage in safe driving, the driver caused this preventable disaster. The verdict, he believes, reflected the truth of the situation: while the event was undeniably tragic, it should never have happened. He feels the firm was successful in conveying that in court.
