The at-fault vehicle, referred to as Vehicle A, was a sedan driven by a 23-year-old male. The victim's vehicle, Vehicle B, was an SUV occupied by a woman in her 40s and her 8-year-old son. At the time of the accident, Vehicle B was stopped with its hazard lights on near an elementary school.
Sequence of Events
1. Before the Accident
The driver of Vehicle A was exchanging text messages on his smartphone while driving. He failed to look at the road for approximately 5 to 7 seconds. Meanwhile, Vehicle B was lawfully stopped on the roadside in front of a school, preparing for a child to get out of the vehicle.
2. At the Moment of Impact
Without reducing speed—estimated at 30 to 35 mph—Vehicle A did not apply the brakes and struck the rear right side of Vehicle B. The impact caused Vehicle B to lurch forward by approximately 1.2 meters (4 feet).
3. Immediately After the Accident
The driver of Vehicle A immediately exited the vehicle and apologized. The woman in Vehicle B reported neck pain, while the child began crying from shock. Emergency responders, including police and paramedics, arrived at the scene and transported both parties to the hospital. The driver of Vehicle A was issued a traffic citation by police.
Injuries and Vehicle Damage
The driver of Vehicle A was wearing a seatbelt and was not physically injured. The woman in Vehicle B was diagnosed with whiplash and required physical therapy. The child did not suffer any physical injuries but underwent a precautionary medical evaluation before being discharged.
Both vehicles sustained damage. Vehicle A had a dented hood and damage to the radiator. Vehicle B’s trunk, rear window, and backup camera were damaged in the collision.
Legal and Insurance Outcomes
Criminal (Traffic Violations)
The case was classified as a violation of traffic laws, specifically the prohibition on using electronic devices while driving and failure to maintain proper lookout. The driver of Vehicle A was fined approximately $200, received five penalty points on his license, and had his license suspended for 90 days. He was also required to complete a traffic safety education program.
Civil (Insurance Settlement)
All damages were covered by the at-fault driver’s insurance company. The repair cost for the vehicle was approximately $2,980. The medical expenses and physical therapy for the woman amounted to about $3,300, and the child’s evaluation and counseling cost around $1,100. The total claim came to approximately $7,380. As a result of the accident, the driver’s insurance premium increased by about 34%.