Sacramento Boating Accident Lawyer

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Experienced Sacramento Boating Accident Attorney

When you’ve been injured in a boating accident, securing justice and fair compensation is crucial. At Arnold Law Firm Accident & Injury Attorneys, we are proud to be a trusted Sacramento boating accident lawyer, offering experienced, compassionate legal representation to victims and their families.

With a proven track record in handling complex boating accident cases, our team has helped clients recover compensation for medical expenses, lost income, and pain and suffering. For example, a recent client was awarded a substantial settlement, covering costs related to traumatic brain injury compensation and long-term care. We specialize in a wide range of accident types, including watercraft injuries, water skiing accidents, and jet skiing injuries.

As an experienced boating accident lawyer, we are dedicated to guiding you through the claims process. Whether you’re dealing with soft tissue injuries, burns, or even life-altering conditions like amputation or limb loss, we’re here to fight for your rights. Visit our client testimonials to see how we’ve supported others during their recovery journey. If you’re searching for a boating accident lawyer near you, Arnold Law Firm Accident & Injury Attorneys is ready to assist.

Contact us today for a free consultation with our boating attorneys. Let us help you navigate California boating accident law and secure the justice you deserve.

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What To Do After a Boating Injury

A boating accident can be a traumatic experience, leaving victims unsure of the next steps. Following these essential guidelines can help protect your health, legal rights, and chances for compensation:

1. Seek Immediate Medical Attention

Your well-being comes first. Even if injuries seem minor, getting a medical evaluation is essential to identify issues like internal trauma or complications that might not be immediately apparent. Documentation from a medical professional can also support your case for compensation for boating accident injuries.

2. Document the Incident

Thorough documentation is crucial. Take photos of the accident scene, visible injuries, and any damage to the vessels involved. Collect the names and contact information of witnesses and other parties, as well as their insurance details. This evidence will be invaluable for filing a boating accident claim or pursuing a watercraft injury lawsuit.

3. Report the Accident

California law requires certain boating accidents to be reported to the appropriate authorities. For severe accidents involving serious injury or significant property damage, file a report promptly with local law enforcement or the U.S. Coast Guard. Timely reporting ensures compliance with California boating accident law.

4. Avoid Admitting Fault

Be cautious in your interactions. Avoid discussing the details of the accident or admitting fault to other parties, insurance companies, or on social media before consulting an attorney.

5. Consult a Boating Accident Lawyer

An experienced attorney can help you navigate the complexities of boating accident settlement negotiations and advocate for fair compensation. Whether you’re dealing with spinal injuries, burns, or even catastrophic injuries, a Sacramento boating accident lawyer can protect your rights and maximize your recovery.

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What Are Common Causes of Boating, Water Skiing, and Jet Skiing Accidents?

Boating, water skiing, and jet skiing are popular recreational activities that offer fun and adventure on the water. However, these activities also come with risks. Understanding the common causes of accidents can help prevent them, and when they do occur, it can strengthen your case if you need to pursue legal action. Here are the most frequent causes of boating accidents:

1. Operator Negligence

One of the leading causes of boating accidents is operator negligence. This can include distracted driving, reckless behavior, lack of experience, or failure to follow safety protocols. A Sacramento boating accident lawyer often sees cases where boaters operate their vessels without proper training or where they fail to adhere to speed limits and right-of-way rules, leading to collisions or serious injuries. Whether it’s texting while driving a boat, failing to keep a proper lookout, or not following safety guidelines, negligence can have serious consequences.

2. Boating Under the Influence (BUI)

Just like driving under the influence (DUI), boating under the influence (BUI) is a major contributor to accidents on the water. Alcohol and drugs impair judgment, reaction times, and coordination, making it much more difficult to avoid accidents. According to the California Department of Boating and Waterways, alcohol is a leading factor in boating fatalities, and BUI laws are strict. If you’ve been involved in an accident caused by an impaired operator, you may be entitled to compensation.

3. Excessive Speed

Speeding is another major factor in boating accidents. Operating a boat at high speeds reduces the operator’s ability to react to sudden obstacles, increases stopping distance, and can cause boats to overturn or become airborne. This risk is even higher when participating in high-speed activities like water skiing or jet skiing. In crowded waters, speeding can lead to serious accidents that cause catastrophic injuries. A Boating injury lawyer in Sacramento can help prove that excessive speed was a contributing factor in your accident.

4. Equipment Failure

Boats and watercraft require well-maintained equipment to function safely. Engine failure, malfunctioning navigational systems, or faulty life-saving devices can lead to accidents. For example, a mechanical failure could leave a boat stranded in dangerous waters, causing a collision or a capsizing. If faulty equipment played a role in your accident, a watercraft injury lawsuit may be necessary to hold the manufacturer or maintenance company accountable. An experienced Sacramento boating accident attorney can investigate whether equipment failure was a contributing factor.

5. Adverse Weather Conditions

Weather conditions can change rapidly on the water. Sudden storms, fog, strong winds, or rough waves can create hazardous conditions, even for experienced boaters. Limited visibility or fast-moving weather fronts can increase the likelihood of accidents. Operators should always monitor weather forecasts and be prepared for sudden changes in conditions. If poor weather played a role in the accident, Boating accident settlement negotiations may involve proving that the operator failed to take proper precautions, like seeking shelter during a storm.

The Importance of Understanding Causes

Identifying the specific cause of a boating accident is essential, especially when it comes to filing a boating accident claim. Understanding how negligence, equipment failure, or adverse weather contributed to the incident can help determine who is at fault and establish liability. According to California’s Department of Boating and Waterways, operator error is responsible for the majority of boating accidents statewide. By understanding the causes, victims can ensure that their claims are supported by the appropriate evidence, whether that’s proving negligence, a defective boat part, or failure to follow safety rules.

California’s Law on Boating Accidents

Understanding California boating accident law is crucial for victims seeking justice and fair compensation after an accident on the water. The state has specific laws that govern negligence, liability, and boating under the influence (BUI), all of which play a significant role in determining fault and ensuring safety on California’s waterways. If you’ve been involved in a boating accident, knowing your legal rights and responsibilities can help protect your interests as you pursue compensation.

Negligence and Liability in Boating Accidents

In California, negligence is often a key factor in determining liability for a boating accident. If a boat operator fails to follow safety protocols, acts recklessly, or operates the vessel while intoxicated, they may be held liable for injuries sustained by others. Boating under the influence (BUI) is treated with the same severity as driving under the influence (DUI). Intoxicated operators are at a significantly higher risk of causing accidents due to impaired judgment and slower reaction times. If BUI is a factor in your accident, California boating accident law holds the intoxicated operator responsible for the resulting damages.

Reporting Requirements for Boating Accidents

State law requires boat operators or owners to file a report with the California State Parks Division of Boating and Waterways (DBW) after an accident if certain conditions are met. This includes:

  • Death occurring within 24 hours of the accident.
  • Disappearance of a person under circumstances suggesting injury or death.
  • Injuries requiring medical treatment beyond first aid.
  • Property damage exceeding $500 or the complete loss of a vessel.

If you have specific questions regarding what counts as personal injury in California, our personal injury lawyers are able to assist and answer all of your questions.

WE FIGHT FOR YOUR MAXIMUM INJURY COMPENSATION

How Can a Boating Accident Attorney in Sacramento Help?

If you’ve been injured in a boating accident, navigating the legal process can be overwhelming. An experienced Sacramento boating accident attorney at Arnold Law Firm Accident & Injury Attorneys can guide you through navigating every step, working tirelessly to secure the compensation you deserve.

Our team provides comprehensive support by:

  • Investigating the Accident: We collect vital evidence, interview witnesses, and determine the cause of the accident. Whether it involves operator negligence, equipment failure, or adverse weather conditions, we build a strong case to establish liability under California boating accident law.
  • Negotiating Settlements: Insurance companies often undervalue claims. Our attorneys handle boating accident settlement negotiations, ensuring fair compensation for medical bills, lost income, and pain and suffering.
  • Advocating in Court: If a settlement cannot be reached, we are prepared to represent you in court, pursuing a favorable outcome in your watercraft injury lawsuit.

At Arnold Law Firm Accident & Injury Attorneys, we understand the unique challenges posed by boating accidents, including those involving jet skiing, water skiing, or catastrophic injuries like traumatic brain injury compensation and amputation and limb loss injury.

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How Do I Claim for a Boating Accident Injury?

If you’ve been injured in a boating accident, you may feel overwhelmed by the process of filing a claim, especially when dealing with injuries, insurance disputes, and the legal complexities of the case. A Sacramento boating accident lawyer can help you navigate these challenges and increase your chances of receiving fair compensation for your injuries and losses. Here’s a step-by-step guide to help you understand how to claim for a boating accident injury:

Steps to File a Boating Accident Claim

  1. Report the Accident
    The first and most important step after a boating accident is to report the incident. Under California law, if the accident involves death, serious injury, or property damage exceeding $500, you must file an accident report with the California State Parks Division of Boating and Waterways (DBW). Failing to report the accident on time can complicate your claim. Additionally, notify your insurance provider as soon as possible, as timely reporting is crucial in ensuring you meet legal deadlines and your policy’s requirements.
  2. Document Your Injuries and Evidence
    One of the most important aspects of filing a boating accident claim is gathering as much evidence as possible. This includes medical records documenting your injuries, photos of the accident scene, and any visible damages. Be sure to take pictures of your injuries and the location of the accident. Additionally, witness statements are invaluable in supporting your version of events. The more documentation you have, the stronger your claim will be.
  3. Negotiate with Insurers
    Insurance companies often seek to minimize payouts by disputing liability or downplaying the severity of injuries. A boating accident claim lawyer can help protect your rights by negotiating with insurers on your behalf. The experienced attorneys at Arnold Law Firm Accident & Injury Attorneys can represent you during boating accident settlement negotiations, ensuring that your compensation covers medical expenses, lost wages, pain and suffering, and other damages.
  4. File a Watercraft Injury Lawsuit
    If settlement negotiations with the insurance company don’t lead to a fair offer, you may need to take legal action. A watercraft injury lawsuit can be filed to pursue full compensation. This process involves working with a knowledgeable Sacramento boating accident attorney who can guide you through the litigation process, represent you in court, and ensure that you are compensated for your injuries.

How Many Days Do You Have to Report a Boating Accident in California?

California law mandates strict timelines for reporting boating accidents, ensuring compliance with state regulations and protecting your legal rights.

  • Within 48 Hours: Report accidents involving death (occurring within 24 hours), disappearance, or injuries requiring medical attention beyond first aid.
  • Within 10 Days: Report accidents involving property damage exceeding $500, a complete vessel loss, or deaths occurring more than 24 hours after the incident.

Accident reports must be filed with the California State Parks Division of Boating and Waterways (DBW). Boaters can complete the Boating Accident Report (Form BAR) and mail it to:

California Division of Boating and Waterways
Attn: Boating Accident Unit
PO Box 942896, Sacramento, CA 94296-0001

Keeping a copy of the report is highly recommended.

Failing to meet these deadlines can result in legal penalties and may hinder your ability to pursue compensation for boating accident injuries. If you’re unsure how to navigate this process, consulting a Sacramento boating accident attorney at Arnold Law Firm Accident & Injury Attorneys can ensure compliance and strengthen your claim.

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Contact Our Boating Accident Lawyers in Sacramento Today

At Arnold Law Firm Accident & Injury Attorneys, we understand the pain and uncertainty that follow a boating accident. Whether you’ve suffered injuries from a water skiing accident, jet skiing incident, or any other watercraft-related mishap, our dedicated team is here to support you.

As an experienced Sacramento boating accident attorney, we prioritize your well-being and fight tirelessly to secure the compensation you deserve. From traumatic brain injury compensation to soft tissue injury claims, we handle every case with the utmost care and diligence.

Your path to justice begins with a free consultation with our boating attorneys. During this session, we’ll review your case, explain your rights under California boating accident law, and discuss your options for filing a boating accident claim. Let us take on the legal burden so you can focus on your recovery.

We’re committed to being the best injury lawyers in Sacramento, securing maximum compensation for every client. Don’t wait—let us help you navigate the path to recovery and justice. Contact us today for a free consultation.

LATEST NEWS

Treble Damages in California Trucking Cases

California law provides a specific statutory remedy for victims injured by impaired commercial vehicle drivers when their employers fail to meet federal safety requirements. Understanding when treble damages apply—and how they differ from standard punitive damages—is crucial for truck accident victims seeking maximum compensation. What Are Treble Damages? Treble damages allow injured parties to recover three times their actual damages under specific legal circumstances. In California trucking cases, this remedy is narrowly defined and differs significantly from general punitive damages available in other personal injury cases. California Civil Code § 3333.7: Statutory Treble Damages Requirements for Recovery Under California Civil Code § 3333.7, injured parties may recover treble damages from a commercial motor vehicle driver’s employer when all of the

California Trucking Accidents: Standards of Care

California law establishes different standards of care for trucking operations depending on the type of service provided. While most commercial trucking companies transporting freight are subject to ordinary negligence standards, federal motor carrier safety regulations impose enhanced duties that can significantly affect liability in truck accident cases. Key Takeaways: Commercial carriers of goods generally DO NOT have the duty of “utmost care” Federal Motor Carrier Safety Regulations (FMCSRs) DO create heightened standards in specific situations Large truck drivers must exercise greater caution than ordinary motorists Licensed motor carriers have nondelegable safety duties Common Carrier Standard: When Does “Utmost Care” Apply? The Enhanced Duty for Passenger Transportation California Civil Code section 2100 requires carriers of persons for reward to use “the

Punitive Damages in California Personal Injury Cases

What Are Punitive Damages? Punitive damages are extra money a court can order a wrongdoer to pay, on top of the money that compensates an injured person for medical bills, lost wages, and pain and suffering. The main goal of punitive damages is not to repay the victim, but to punish especially bad behavior and to discourage similar conduct in the future. Think of punitive damages as a financial penalty for conduct that is much worse than ordinary carelessness. In California, punitive damages are not common. They are reserved for cases where the defendant’s conduct is particularly harmful, intentional, or shows a conscious disregard for the safety or rights of others. Most personal injury cases involve simple negligence (for example,

Settlement - $3,900,000

Car Accident

The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck left Ryan Eisenbrandt’s surviving wife and parents with a judgment of $3.9 million, but the defendant’s insurance company refused to pay. This resulted in a second, intense legal battle between Plaintiffs and Defendant’s insurance company.

During the pendency of the wrongful death case, Defendant’s insurance company had filed a federal court action to rescind the defendants $1,000,000 insurance policy, claiming that defendant had made misrepresentations when applying for that policy. Initially, the federal court agreed with the insurance company, granting summary judgment that effectively denied recovery to the Eisenbrandts given the defendant was otherwise insolvent. The Arnold firm and the Eisenbrandts refused to accept this unfair outcome. They appealed the federal judge’s ruling to the Ninth Circuit Court of Appeals. The Ninth Circuit reversed the lower court and sent the case back to the same federal judge for a trial on the merits.

Christine Doyle of the Arnold Firm tried the case in February 2011 in front of the same judge who had previously thrown out the Eisenbrandt’s case. A unanimous advisory jury and the trial judge, after hearing the true facts about the insurance company’s effort to avoid responsibility, found in the Eisenbrandts favor. After four years of fighting for what is right, the insurance company was ordered to pay up.

Settlement - $8,000,000

Truck Accident

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young mother of three. She was calling from the hospital where her husband Christopher had been air-lifted for treatment of severe injuries from a tragic motor vehicle accident earlier that day. Angela’s mother, a past client of our firm, had encouraged her to give us a call.

As it turns out, Angela’s prompt contact with us was a very important decision for their family. Immediate representation allowed our team to secure critical evidence right away — appropriate storage and analysis of the vehicle to avoid tampering, timely professional photography of the scene, and interviews of involved parties — which ended up being imperative to the details of Christopher’s case.

A commercial vehicle had failed to stop at a rural stop-sign intersection, colliding with the compact sedan driven by Christopher, an active 33-year-old father. The impact caused extensive damage to his spinal cord in the cervical area. Despite multiple surgeries, rehabilitation programs for physical and psychological therapy, and in-home care, his injuries rendered him a paraplegic, paralyzed from the mid-chest. In an instant, life as he had known it was gone forever.

At the time of the accident, the at-fault driver of the commercial vehicle was acting within the scope of his employment with a large corporation. With the employer being directly liable, as such, defense counsel fought hard to minimize Christopher’s damages, claiming that his being unemployed at that time devalued his losses. Our legal team made sure Christopher’s true losses were represented, including his potential income, his options and mobility, his ability to provide for and support his family, and the lifetime of care he now needed. Christopher’s injuries also dramatically affected his spouse’s daily life, resulting in a claim on her behalf.

Furthermore, the extent of Christopher’s injuries were, in part, due to defects involving the dual-restraint system in his own vehicle. Despite the manufacturer’s efforts to deny any responsibility, the Arnold Law Firm established negligence relevant to his case.

The result was a settlement of $8 million — the largest pre-trial settlement for this type of case in the region. Christopher now has the resources to receive the ongoing care he now requires, improve the quality of his life and take care of his young family.

Verdict - $10,200,000

Motorcycle Accident

The Arnold Law Firm is pleased to report that our attorneys received a $10.2 million verdict handed down in Modesto. Defense counsel was Kevin Cholakian of San Francisco. The defense rejected a 998 within the $1 million policy limits three years ago. The highest defense offer was $350k.

The case involved a blind corner dirt fire road collision between a truck driven by the defendant and a motorcycle driven by the plaintiff Dan Nixon. THe plaintiff had no recollection of the collision. The defendant claimed that the plaintiff had too much speed for the corner and lost control. The plaintiff’s son (who identified the wrong curve in discovery) claimed that the defendant was on the wrong side of the curve, causing his dad to make an unsuccessful emergency maneuver. The jury assessed 70% fault to the defendant and 30% to plaintiff.

The plaintiff, now 50-years-old, suffered a dislocated right knee with popliteal artery rupture which has left him with an unstable knee, and permanently damaged lower leg. Because of vascular damage he is not a candidate for knee reconstruction or replacement. The plaintiff’s treating doctors testified that he will require an above knee amputation within 20 years. Past lost wages were $78,000 and past medicals were $570,000. The jury awarded $7.5 million in general damages (3 m. past and 4.5 m. future) as well as all future economic damages asked for by the plaintiff. The jury deliberated for 3 and a half hours.

Settlement - $17,000,000

Data Breach

Infinity/Kemper Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, and Mason, Lietz, & Klinger, and Wolf, Haldenstein, Adler, Freeman, & Herz LLP, reached a settlement in the Kemper and Infinity data breach class action lawsuit, also known as Irma Carrera et al. v. Kemper Corporation and Infinity Insurance Company, filed in the United States District Court Northern District of Illinois, Case No. 1:20-cv-01883. The settlement is valued at over $17 million.

The Honorable Judge Martha M. Pacold granted Preliminary Approval of the settlement on October 27, 2021.

In addition to substantial injunctive relief, the class members will receive access to Aura’s Financial Shield Services for a period of 18 months, up to $10,000 for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Breach, up to 3 hours of time spent remedying issues related to the breach at $18 per hour, and $50 for Class Members who are California residents.

History of the data breach: On April 8, 2021, the Arnold Law Firm and Wolf, Haldenstein, Adler, Freeman, & Herz LLP filed the first class action complaint against Kemper and Infinity in the United States District Court for the Northern District of Illinois entitled Irma Carrera Aguallo et al. v. Kemper Corporation and Infinity Insurance Company, Case No. 1:21-cv-01883. The complaint asserted claims against Defendants for: (1) negligence; (2) negligence per se, (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices, (4) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices, (5) violation of the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100, et seq., (6) violation of California’s Consumers Legal Remedies Act, Cal. Civ. Code § 1750, et seq., (7) violation of Florida’s Deceptive and Unfair Trade Practices Act, Florida Statute § 501.201, et seq., (8) breach of implied contract, (9) declaratory judgment, and (10) unjust enrichment arising from the data breach.

Settlement - $18,276,000

Qui Tam / Whistleblower

Whistleblowers Represented by Arnold Law Firm Expose Fraudulent Practices by the Pill Club, Case Settled With California DOJ

The Arnold Law Firm and the Hirst Law Group represented two whistleblowers who helped expose fraudulent practices by a start-up online pharmacy company called The Pill Club.

The company allegedly used fraudulent practices to bill California’s Medicaid program, Medi-Cal, for their services. The Pill Club is also alleged to have violated state laws by allowing nurse practitioners to prescribe contraceptive products to women without proper supervision or training from a licensed medical doctor.

For their part in blowing the whistle on the company they worked for, and as part of California Qui Tam laws, the whistleblowers and their attorneys recovered $4.9 million from the $18.275 million settlement paid to the California Department of Justice (DOJ) and the California Department of Insurance (CDI).

Settlement - $60,000,000

Data Breach

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, Nussbaum Law Group, P.C. and others, reached a settlement in the Morgan Stanley data breach class action lawsuit, also known as In re Morgan Stanley Data Security Litigation, filed in the United States District Court Southern District of New York, Case No. 1:20-cv-05914-AT. The settlement resulted in a $60 million settlement fund to benefit class members.

The Motion for Preliminary Approval was filed on December 31, 2021 with the Honorable Judge Analisa Torres.

In addition to substantial injunctive relief, the 15 million class members will be provided access to Aura’s Financial Shield services for at least two years, which includes a $1 million insurance policy protecting each subscriber, credit monitoring, identity freezing, dark web monitoring, income tax protection and more services. The fund will also provide payments to people who submit valid claims for out-of-pocket expenses and/or up to four hours of lost-time incurred as a result of the data breach. Lost time allows victims of the data breach to be paid at $25 per hour for up to four hours of attested time spent dealing with the data breach. Out-of-pocket expenses can be claimed up to $10,000 if the costs or expenditures are fairly traceable to the data breach.

History of the data breach: On July 29, 2020, the Arnold Law Firm and Morgan & Morgan filed the first class action lawsuit against Morgan Stanley in the United States District Court for the Southern District of New York entitled Sylvia Tillman et al. v. Morgan Stanley Smith Barney, LLC., Case No. 1:20-cv-05914. The complaint asserted claims against Defendants for: (1) negligence; (2) invasion of privacy; (3) negligence per se; (4) unjust enrichment; (5) violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices; and (6) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.