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Collision after Driver Crosses Centerline in Construction Zone

Collision after Driver Crosses Centerline in Construction Zone

On Thursday, December 11, 2008 at approximately 8:13 p.m., Client was operating a 1999 International semi-tractor pulling a 2005 Cornhusker trailer eastbound on U.S Highway 24 in Basehor, Leavenworth County, Kansas, when a 2004 Chrysler Town & Country mini-van travelling westbound on U.S. Highway 24 crossed the centerline into Client’s eastbound lane and struck Client’s vehicle head on.

U.S. Highway 24 at this location is a four lane highway, with two lanes for eastbound travel and two lanes for westbound travel, divided by a grassy median.  The area in which the collision occurred was a construction zone wherein the eastbound lanes were merged to one lane which crossed over the median and ran adjacent to the westbound lane without a median separating them.  There was a solid yellow line dividing the eastbound and westbound lanes with several orange construction cones with reflective material dividing them.

The issue of whether or not the construction zone was clearly and adequately marked was investigated.  The Kansas Highway Patrol, the Kansas Department of Transportation and APAC-Kansas Inc., the contractor responsible for the construction project, were all in agreement that there were no deficiencies in the configuration, signage or general layout of the construction zone which led to this accident.

Client’s injuries included a full-thickness tear of the right rotator cuff; right shoulder glenoid labral tear, glenoid and humeral chondromalacia, partial tears of the subscapularis and bicepts, herniated disc at L2-3 and exacerbation of degenerative disc disease of the lumbar spine.  Client underwent a right shoulder arthroscopy and open rotator cuff repair and a microdiscectomy at L2-3.  The case settled following mediation.

Type of Action:

Court:

Total Settlement:

Attorney for Plaintiffs

Attorney for Defendant:

Bodily Injury/Motor Vehicle Accident

District Court of Leavenworth, Kansas

$220,000

Jay Benson (Kirksville) Michael S. Kilgore (Kansas City)

Michael J. Dutton (Overland Park, Kansas)