On October 11, 2011, a group of Marines was struck by a car while they were running in formation on their Yorktown, Virginia (VA), base, sending two to the hospital and, sadly, killing a third. The Naval Criminal Investigative Services is still looking into the accident. According to a spokesman who spoke to the Virginian-Pilot, the Marines were running as part of their physical training and “were wearing reflective vests.”
It seems that no matter what precautions are taken, tragic injuries and fatalities are no stranger to the military man. This tragedy is made worse, if possible, knowing that it took place not in combat, but here in Virginia, where these Marines ought to have felt the safest. When reckless drivers injure pedestrians and leave families grieving the loss of loved ones, those drivers and their insurers ought to compensate the victims.
A lifetime of debilitating injuries can take its toll on those injured in accidents, and can certainly result in hundreds of thousands, sometimes millions, of dollars worth of rehabilitative surgeries and treatments. The loss felt by a family whose loved one is gone can never be fully compensated by money, but a jury who understands the pain and suffering felt by those left behind, or by those permanently injured, can require the negligent driver to compensate for the damage he has caused, and for the lifelong recovery that will need to take place.
One fact not clear from the news accounts was whether the car was driven by a civilian or and active duty service member, which could make a significant difference in the handling of any claims. VA uninsured motorist insurance coverage laws may also come into play if the responsible driver happens to be immune from lawsuit as a fellow U.S. government employee.
In 2007 my colleagues obtained a $545,000 settlement for two pedestrians who were struck by a drunk driver as they crossed Atlantic Avenue in Virginia Beach. Each victim sustained severe fractures to the right tibia and fibula. One of them had to have subsequent surgery to replace some of the medical devices used to help the fractures heal, which ended up costing him even more in medical bills. When a series of surgeries result from injuries, those bills can be enormous. For this reason and for the mental anguish that these pedestrians also had to endure, my colleagues fought to settle the case so their clients could begin the road to recovery without having to worry about paying for it too.
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