$97,000 Settlement for a Rear End Motor Vehicle Collision in Berlin, New Jersey

Plaintiff was stopped in traffic at a red light when struck by another vehicle. There was very minor property damage to the plaintiff’s vehicle, but significant damage sustained to the plaintiff’s cervical spine (neck area) which required surgery.

The law imposes upon the driver of a motor vehicle the duty to exercise the care that a reasonably prudent person would use under all the circumstances confronting him at the particular time in question.  Failure to exercise such care constitutes negligence.  Your insured has violated that standard of conduct, whereby such violation constitutes negligence on the part of your insured in that “…there is evidence [which] establish[es] that a vehicle was operated in violation of a motor vehicle statute…” Ewing v. Burke, 316 N.J. Super. 287 (App. Div. 1998); Philips v. Scrimente, 66 N.J. Super. 157 (App. Div. 1961).

The defendants agreed to pay $97,000.00 to settle this matter out of the total $100,000.00 insurance policy.