Funeral Procession Mishandled, Resulting in High Speed Collision and $515,000 Settlement
The plaintiff was a 71-year-old female who attended a funeral in December. After the funeral, employees of the funeral home directed the funeral procession to cross through a very busy intersection that was governed by traffic lights on Route 1 in Spotsylvania.
There was no law enforcement assistance on the scene (though the funeral home contended that law enforcement assistance had been requested), so employees of the funeral home stood in the middle of highway traffic on Route 1 and tried to get traffic to stop even though Route 1 traffic would, at times, be proceeding on a green light.
Reckless Conduct by Funeral Home Employees
The employees allegedly carried small “STOP” signs but wore no reflective gear. A driver traveling southbound on Route 1 went through the intersection and broadsided the plaintiff, who had been directed by funeral home employees to proceed through a red light and into highway traffic.
The plaintiff sued for both compensatory and punitive damages. The funeral home alleged that the plaintiff was guilty of contributory negligence. The funeral home also believed that it owed no legal duty to mourners it directed onto a high speed highway.
Funeral homes that undertake the task of directing traffic for a funeral procession assume a legal duty of care to ensure the safety of the participants and the general public. This responsibility encompasses several key aspects, which, if neglected, could lead to legal liability for the funeral home.
Funeral Homes, Traffic, and the Law
Funeral homes have a duty of care to those participating in the funeral procession, as well as to other road users. This duty requires the funeral home to ensure that the procession is conducted safely and in accordance with traffic laws and regulations. This includes proper coordination with local authorities or law enforcement when necessary, as well as ensuring that the vehicles in the procession are driven safely and responsibly.
Proper Coordination
Proper coordination with law enforcement or traffic control professionals is crucial. In many jurisdictions, funeral processions are granted special privileges, such as the right of way or the ability to proceed through red lights under certain conditions. However, these privileges often require the presence of law enforcement or authorized traffic control personnel to safely manage the procession. Funeral homes should ensure that these requirements are met and that any necessary permits or approvals are obtained.
Communication and Safety Measures
Funeral homes should clearly communicate safety instructions to the drivers in the procession. This includes advising participants on how to proceed safely, such as maintaining a safe following distance and using hazard lights. Additionally, funeral homes may be responsible for providing or coordinating proper escort services, such as vehicles with flashing lights, to lead or protect the procession.
Liability for Negligence
If a funeral home fails to fulfill its duty of care, such as by neglecting to coordinate proper traffic control or failing to communicate safety measures, and this negligence leads to an accident or injury, the funeral home could be held liable for any resulting damages. For example, if a funeral procession proceeds through a red light without proper escort and causes a collision, the funeral home could be liable for not arranging the appropriate traffic control measures.
Medical bills were about $194,000. Injuries included a severely fractured pelvis, sternum and femur, in addition to open wounds of both legs.
The case settled just after the judge turned down the funeral home’s bid to throw out the punitive damages claim.
Interesting note: another very reputable law firm had turned this case down because of the fact that the plaintiff had entered the intersection on a red light.
The BenGlassLaw Accident Team saw the facts differently.
Brian Glass leads the BenGlassLaw Personal Injury team. BenGlassLaw handles serious personal injury claims across the Commonwealth of Virginia.
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