RESULTS: $150,000 Maximum Available Settlement
ATTORNEY: Eric K. Washburn
PARALEGAL: Heather G.
WHAT HAPPENED:
Our client was lawfully riding his bicycle on Highway 12 in Nags Head, North Carolina, on his way to work. He complied with all applicable bicyclist laws and remained in his designated lane when, without warning, the defendant veered out of his lane and struck him from behind. The impact violently threw our client from his bicycle and onto the ground, causing serious soft-tissue injuries.
He suffered a cervical and lumbar sprain/strain, limited road rash, and contusions (soft tissue).
The defendant was arrested at the scene and charged with driving while impaired. Our client was evaluated at the hospital and released to his parents’ care with instructions to follow up if any recovery issues persisted. Despite the violent collision, he made a significant and quick recovery.

Scene of the accident.
KEY LEGAL STRATEGIES:
Although the insurance carrier characterized our client’s injuries as “minor,” Attorney Washburn responded that the defendant’s impaired driving exposed him to punitive damages and a potential jury verdict exceeding the available coverage, triggering the carrier’s duty to protect its insured. Rather than risk a substantial punitive damages award at trial, the defendant’s auto insurance carrier and the UM/UIM carrier agreed to tender the maximum available policy limits of $150,000 before formal litigation, securing full compensation for our client’s medical expenses, lost wages, and pain and suffering.
RESULTS: $150,000 (Full Liability and UM/UIM Policy Limits)