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McDonald's and driver sued after West Virginia car wreck

If an employee of a company negligently crashes into a person's vehicle, causing injuries to that person, then it may be possible in a lawsuit to hold not only the negligent driver responsible, but also the driver's employer. A West Virginia lawsuit unfolding in Kanawha involves these factors.

A husband and wife from Fayette County have named the driver of a McDonald's vehicle and McDonald's Corporation as defendants in a personal injury lawsuit. The wife was driving and the husband was a passenger when the woman driving the McDonald's vehicle slammed into the back of the couple's car.

The McDonald's vehicle was a Ford Taurus, and when it collided with the rear of the plaintiffs' Toyota Corolla, the force apparently sent the Corolla into the back of another car, which then collided with yet another vehicle.

According to the lawsuit, the driver of the Taurus failed to slow down and avoid an accident. Traffic had reportedly slowed because of another auto accident further up Interstate 77.

The types of damages that can result from rear-end collisions are many and often very serious. In this case, the injured wife says she has lost her husband's consortium since the crash. He also has lost wages and suffered an impaired future earning capacity, according to the lawsuit.

The couple are seeking compensation for medical bills, inconvenience, annoyance, diminished enjoyment of life and pain and suffering, among other damages.

Even in rear-end collisions that would seem to be clear-cut in terms of who is to blame, proving negligence can be somewhat complicated in terms of the law, especially when taking on a corporation so large as McDonald's.

To receive the full amount of due compensation, West Virginia residents who have been injured through no fault of their own would do well to consult with a legal professional who is familiar with our state's personal injury laws.

Source: The West Virginia Record, "Fayette Co. couple sue McDonald's for car accident," Kyla Asbury, May 17, 2013

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