RESULTS: $100,000 Full Insurance Policy Available
ATTORNEY: Richard N. Shapiro
STAFF: Paula S., Paralegal
WHAT HAPPENED
We were retained by the godmother of a 17-year-old minor/teenager who was getting off a city bus in Virginia Beach on Virginia Beach Boulevard near North Witchduck Road. Traffic was heavy on Virginia Beach Boulevard, but the 17-year-old attempted to cross Virginia Beach Boulevard at an appropriate moment by running through traffic to the median. Before he reached the median, a speeding car passed another approaching car and struck him, throwing him 20 or 30 feet and causing a wide range of traumatic injuries.
Those injuries included a concussion, otherwise known as a closed head injury or a traumatic brain injury. Our teenage client was transported by rescue squad to Sentara Norfolk General Hospital, where he received treatment from the neurosurgery team as well as the emergency physicians. He was admitted to the hospital and treated for his concussion and other injuries. He was discharged from the hospital within the first week, mainly because of his youth and good physical condition. He was advised to follow up for additional treatment for his closed head injury as necessary.
KEY LEGAL STRATEGIES:
When Rick Shapiro, one of our firm partners, asked the Virginia Beach police chief for the right to talk to the police officer, it was a very negative first conversation. The police officer asked if the teenager was attempting to commit suicide, and pointed out that he was jaywalking at the time he was struck.
Under Virginia law, you are normally required to cross at the nearest marked crosswalks or at the end of blocks, when those crossing areas are possible. The officer intimated that the teenager was guilty of contributory negligence or fault. In Virginia, if an injured victim contributes in any material way to causing their injuries, they normally cannot recover, as Virginia does not follow comparative negligence laws, which apply in 46 states of the 50.
A key legal strategy here was our awareness that teenagers or those under 18 are not considered capable of contributory negligence due to their youth. A 17-year-old is presumed not guilty of contributory negligence, and the defense, that is, the insurance company lawyer, must prove that the teenager was negligent.
Not only was this legal issue important, but Mr. Shapiro also made sure to review any available surveillance video that might show what happened. Sure enough, there was one surveillance video that videotaped the entire incident. It showed that the teenager had plenty of room to cross Virginia Beach Boulevard, even though jaywalking, but the speeding driver came from out of nowhere, passed the car closest to our pedestrian, and smashed into him while speeding at least 20 miles over the speed limit.
In essence, our analysis was that the driver was guilty of reckless driving for driving more than 20 miles over the speed limit and that our teenager would not normally be guilty of any contributory fault, given that he had not turned 18 and reached the full age of majority.
The third relevant legal factor is that in Virginia, if you are guilty of speeding when involved in an accident with another person or a vehicle, the speeding driver forfeits the right of way that they otherwise enjoyed. Under our analysis, the driver was speeding and therefore had no right of way over the jaywalking teenager, and because he was 17, he was presumed not guilty of contributory negligence either.
THE RESULTS: $100,000 Settlement (Full Insurance Policy Limits Available)
We obtained the initial hospital bill of our teenager’s care during the first week when he was hospitalized and sent it to the insurance company, demanding any available policy insurance coverage for the driver. Within several weeks, the insurance company concluded that their driver was negligent and offered the full $100,000.00 insurance policy that was available. No other insurance was applicable as our client did not have car insurance, and neither did any resident relative. Accordingly, we settled the case for the full available insurance policy, even in a case where the police officer thought our client had somehow caused the entire incident himself.
Also, as a courtesy and part of our legal representation of our clients, we assist them in setting up what are called spendthrift or settlement preservation trust funds that can help grow a fund in favor of a minor and pay it out over time. We assisted the godmother and the teenager in setting up a settlement preservation trust in the teenager’s favor.