Vehicular Accident
Please read the facts and then submit your vote.
It's a nice warm sunny day in April, and Plaintiff Jane Smith is driving her 1995 Maxima heading east on Highway 51. (A narrow two (2) lane road) The speed limit on the Highway 51 is 35 m.p.h., but Jane travels the road everyday, and is going about 45 m.p.h. In the distance, Jane sees a mini-van coming at her from the west bound lane. The van appears to be going very slow. As Jane approaches, the mini van makes a sudden left hand turn into a private drive directly into the path of the Jane.

Jane Smith locks up the brakes on her car, but can not avoid hitting the mini-van. The driver of the mini-van, John Doe, comes over and checks on Jane, and says, "I'm sorry I never even saw you, I guess the sunset was in my eyes; Are you Hurt?" Jane still in a state of shock, says "No, I'm okay, I think." The police come and a report is taken. Jane's car has about $2,000 worth of damage to the front end.

Later that night, Jane Smith, becomes very sore and stiff an goes to the emergency room. The doctor takes several x-rays and finds no broken bones, prescribes pain medication, and schedules her for a follow-up. The pain continues to get worse in Jane's neck and back. An MRI is taken, but no positive results are found to give reason for the pain. She is diagnosed with chronic whiplash, and continues treatment with a physical therapist at the hospital on and off for about a year. As a result Jane incurs $3,000 in medical expenses. Jane is a housewife, and did not have any lost wages. Jane decides to sue John Doe for the accident, to recover her medical expenses, property damage, and for the pain and suffering.

How would you rule in this matter?

After hearing the facts of the case, I would vote:
   For the Plaintiff
   For the Defendant

What is the percentage of fault you would attribute, if any, to the Plaintiff?
   0%,  I think the accident was entirely the Defendant's Fault
   10%  I think the Plaintiff was slightly at fault
   25%  I think the Plaintiff was largely at fault
   50%  I think the Plaintiff and Defendant were equally at fault

If you ruled in favor of the Plaintiff, how much money would you award?
   $0  Plaintiff should bear the costs of the accident   
   $3,000  Medical Expenses only
   $2,000  Property Damage Only
   $5,000  Medical Expenses, and Property Damage
   $7,000  Medical Expenses, Property Damage, Pain and Suffering
   $10,500 or more: Medical Expenses, Property Damage, Pain and Suffering


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