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Case Description: Pedestrian Hit by Car Driver, Serious Leg Injury (Crosswalk)
Staff: Richard N. Shapiro; Meg Cudden, Legal Assistant; Roz Hughes, Paralegal
Court/Date: Virginia 2008
What Happened: Our client was a Norfolk, Virginia (VA) public school teacher who was crossing a two lane road near an intersection with a Norfolk highway when our client was struck by a 2005 Dodge Magnum. The operator of the Magnum told the police that he looked down and when he looked up he suddenly saw our pedestrian client but could not avoid hitting him. Our client was taken to a local emergency room with complaints of cuts to both arms, left foot and left knee pain. He was placed in a leg cast for his left ankle, given crutches, and told to follow up with his doctor. When he followed up with his next doctor there was swelling and bruising to the ankle and he was eventually diagnosed with a distal fibula fracture before he saw an orthopedic surgeon. The Virginia Beach, Virginia (VA) orthopedic surgeon eventually diagnosed a left calcaneal fracture. The calcaneus, or left heal had a displaced fracture and a CT scan was ordered. The CT scan showed multiple bone fragments and problems at the posterior subtalor joint. The fracture was comminuted and mal-aligned. In the midst of his medical care, our client relocated from Virginia to California as a teacher and had to have follow-up care with an orthopeadic surgeon in California. Corrective surgery was done to his ankle in California and then our client underwent substantial physical therapy and was forced to wear an orthopedic boot after his surgery. We provided a careful history of digital photographs of our client’s injuries including the appearance of his ankle after the corrective surgery, which were quite impressive to the insurance adjustors.
Our client also suffered extensive lost wages from his teaching position. We also obtained verification of all the wage loses for the insurance company. Ultimately, our client’s medical expenses totaled $40,000.
Outcome: The total insurance coverage available was only $100,000. Two insurance companies combined to pay the entire $100,000 in coverage.
Key Legal Strategy: This case was pending in Virginia, so we analyzed Virginia law pertaining to pedestrians and cross-walks. We were prepared to show the insurance company that the right of way was in favor of the pedestrian and the driver failed to keep a proper look out. After outlining all of this to the insurance company, we obtained the maximum insurance policy limits.
Post script: My client reminded me when this case settled that the first personal injury lawyer he contacted turned down the case, because he didn't think our client HAD a case. Stunning, but true.
Note: see other pedestrian injury/crosswalk injury case results in two different prior cases our personal injury lawyers have reported: Virginia Beach crosswalk/pedestrian case and leg fracture/crosswalk pedestrian case.
Awarded: $100,000 Pedestrian/Crosswalk Settlement
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North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
Get Directions
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
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