Attorney: Emily Mapp Brannon
Location: Chesapeake, Virginia (VA)
Our client, a motorcycle biker, was riding his Harley to the store with his 13-year-old step daughter. It was a beautiful day around 11:00 a.m. He observed another vehicle approaching him from a distance. That vehicle was intending to turn left in front of him and it did, in fact it turned right into him and the impact caused the man to lose the lower half of his leg.
On the way to the hospital, one of the EMTs in the helicopter thought she smelled alcohol. She told this to the investigating officer and he obtained a warrant to take our client’s B.A.C. in the hospital. No one else reported any indicia of intoxication. The B.A.C. indicated that our client had been drinking. Many lawyers would have walked away from the case at that point.
Through the use of forensic toxicologist experts and medical experts, it was concluded that the B.A.C. was inconclusive as to the extent of our client’s intoxication.
Furthermore, our client could not recall anything about what he ate that morning, before the wreck. The summary of their findings was that due to the traumatic nature of the injury, no recollection of what was eaten that morning, and the shock his body went into, there was no way to accurately determine what his B.A.C. was at the time of the wreck. The body burns off alcohol at a certain rate but when a number of other variables such as an amputation and shock are at play, the numbers are not accurate.
Further investigation revealed that the true at-fault driver was the young girl driving the car. She was not paying attention and there was speculation that she was texting at the time of the wreck.
The case settled at mediation six weeks before trial for $450,000.00.