Arizona Jury Awards $7,800,000 in Fatal Head-On Collision

A family traveling in a van on an interstate in Maricopa County, Arizona, was involved in a fatal head-on collision. The incident occurred when another driver, operating a separate vehicle, swerved to avoid a semi-truck moving into her lane, lost control, crossed a dirt median, and collided with the family's van. The plaintiff's husband and one child were killed, and the plaintiff sustained serious injuries.

On January 14, 2009, the plaintiff, acting on her own behalf and as a trustee for her surviving children and deceased child, sued the State of Arizona and the Arizona Department of Transportation in the Arizona Superior Court, Maricopa County. The plaintiff alleged the State was negligent for failing to install a median barrier in the area where the accident occurred, contending that its presence would have prevented the collision.

The case proceeded to a jury trial. On February 9, 2012, the jury returned a verdict in favor of the plaintiff, awarding $7,800,000 in damages. The jury apportioned 100% of the fault to the State, assigning no fault to the driver of the other vehicle or the unknown truck driver involved in the initial maneuver. The State subsequently moved for a new trial, arguing the verdict was excessive and unsupported by the evidence, but the motion was denied. The judgment was later affirmed on appeal.