The driver of a Ford Mustang changed from the left lane to the right and struck a pedestrian he failed to see.
He says he checked the rearview mirror, side mirrors, and did a shoulder check before moving over.
A plush toy was hanging from the rearview mirror.
The victim, a 52-year-old woman, suffered multiple fractures, underwent several surgeries and rehab, and was left with lasting impairment. She died of natural causes four years later (not directly caused by the crash).
This is a simulated image depicting the accident scenario.
Claims by Each Party
- A large Garfield plush hanging from the rearview mirror blocked the driver’s forward view. During a last-moment lane change, he failed to see the pedestrian and hit her—negligence.
- He was traveling about 40 mph, checked his mirrors and did a shoulder check before changing lanes, and only then saw the pedestrian right in front of him. He emphasizes nighttime/low-light conditions, that the pedestrian crossed at a spot without a crosswalk, and that there was evidence she had consumed wine shortly before—supporting comparative fault on the pedestrian.
Outcome
Rather than attributing the crash to the pedestrian’s behavior, lighting, or alcohol evidence, the decision concluded that the Garfield plush on the rearview mirror partly caused the collision by obstructing the driver’s view. In short, even a small object can factor into liability if there’s a reasonable basis that it actually interfered with vision.
Damages: $378,000 to the victim’s heirs (estate) and $95,000 to the spouse — $473,000 total.