Motor Vehicle Liability – Sex in the Drivers Seat

Automobile accidents happen every day, and no two accidents are ever the same.  While you likely will see your common fender benders from time to time, you don’t always see or hear about an accident that was the result of intimate and explicit sexual conduct.

Driving under the influence of alcohol or drugs, driving while talking on the phone or texting, and simple inattention are all causes of dangerous automobile accidents that have the potential to seriously injure or kill innocent people.  But there are also less common causes of accidents that can be equally deadly.

Young Man Suffers Traumatic Brain Injury Following Accident Involving Sexual Acts

A 23-year-old man by the name of Peter Kuzmanov, once a healthy young man, now suffers the effects of a traumatic brain injury (TBI) that he sustained after being involved in what many believe to be a bizarre yet tragic accident.  Mr. Kuzmanov was a passenger in the backseat of the vehicle driven by Hristo Hristov.  The front-seat passenger of the car, Lauren Weiner, was performing and/or engaging in a sexual act with Mr. Hristov while the vehicle was in motion and under the control of Mr. Hristov.

The sexual acts between Mr. Hristov and Ms. Weiner caused the vehicle to swerve off the roadway.  When Mr. Hristov attempted to get the vehicle back on the roadway, he overturned the car and ran into a guardrail.  This subsequently led to three other vehicles hitting Mr. Hristov’s vehicle.  One of these other vehicles was as fully-loaded semi-truck, and another was a pickup truck, both powerful and dangerous vehicles.  Any collision with a semi-truck or pickup truck, whether on a regular street or a highway, could cause significant injuries or death to all drivers and passengers involved.

Mr. Hristov’s and Ms. Weiner’s conduct caused an accident that placed Mr. Kuzmanov at risk for suffering injuries through no fault of his own.  Following the accident, Mr. Kuzmanov was in a coma for several months.

The traumatic brain injury he sustained has created new challenges such as impaired speech, impaired cognitive abilities, and the inability to participate in activities of daily living (ADLs) without the assistance of a therapist.

Not only did this young man suffer a traumatic brain injury, but he also suffered a hand injury that resulted in the amputation of his left index finger, as well as an injury to his right foot where his skin was torn off (called a “degloving injury”).  Additionally, Mr. Kuzmanov had a fractured right femur that was repaired with surgery.

In total, Mr. Kuzmanov’s medical expenses were approximately $530,000.  Because Mr. Kuzmanov was cognitively impaired, he could not bring a lawsuit against Mr. Hristov, Ms. Weiner, and the drivers of the other three vehicles involved on his own.  To file a lawsuit, Mr. Kuzmanov’s guardian was  the one to take action.

Mr. Kuzmanov’s guardian filed a personal injury lawsuit on behalf of the injured young man against Mr. Hristov, Ms. Weiner, as well as the drivers and owners of the other three vehicles involved in the accident.

In every personal injury lawsuit, the defendants will come up with arguments to show that the injured person could have done more, or was at partial fault for the injuries he or she sustained.  In Mr. Kuzmanov’s case, the defense made the argument that Mr. Kuzmanov was contributorily negligent for engaging in a sexual act while driving. The lawsuit did not make it to a jury and instead settled for a total of $10.3 million.  The amount in which each defendant was responsible for is confidential.

The above case illustrates that even difficult cases can resolve for substantial amounts if an excellent trial lawyer is engaged.

Stockton  Personal Injury Lawyer

I’m Ed Smith, a Stockton Auto Accident and Personal Injury Lawyer.  If you or a family member has been seriously hurt in any accident, please call me today at (209) 227-1931 or (800) 404-5400 for free, friendly advice.

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