Verdicts & Settlements

RESULTS: $377,500 Settlement

DATE: April 2026

ATTORNEY: James St. Clair

PARALEGAL: Jackie Q.

COURT: Virginia Beach, Virginia Circuit Court

INJURIES ALLEGED:

Fractures of the fourth (displaced) and fifth rib, scapula and glenoid fracture, pneumothorax, worsening function of the hand/numbness.

WHAT HAPPENED:

This matter arises out of a motorcycle accident near the intersection of Birdneck Road and Old Virginia Beach Road (near 501 Grill) on September 16, 2022, around noon. The weather was not an issue.

Our client, a 66-year-old small business owner, turned onto Old Virginia Beach Road from Birdneck Road when he saw the responsible driver stopped at an exit from the shopping center, which entered onto Old Virginia Beach Road. As our client continued driving, the responsible driver (“at-fault” driver) failed to yield the right of way and suddenly began pulling into the road when our client was only about two car lengths (40 feet) away. Based on his motorcycle-riding training, our client initiated a defensive maneuver and “laid his bike down” on its side to avoid being forcibly crushed between the other vehicle and the ground.

When the police arrived while our client was being transported by ambulance. He was severely injured and therefore unable to give a statement to the investigating officer. The responsible driver (who did not identify himself as involved in the accident) told police that our client had lost control of the motorcycle and crashed. The other driver who caused this incident was neither shown nor listed in the accident report. The police report placed the responsibility for the incident on our client.

KEY LEGAL STRATEGIES:

Records obtained through a FOIA request uncovered the transcript of the initial 911 calls. Through those records, the identity of the responsible driver was then discovered. Contrary to what he told the officer just minutes later at the scene, the other driver told the 911 dispatcher that our client had “laid his bike down” to avoid the collision. This turned the case around, and we ultimately convinced his insurance company to pay fair compensation to our client.

Our client suffered fractures to his fourth (displaced) and fifth rib, scapula, and had a glenoid fracture, pneumothorax, and worsening function of his hand/numbness, which required surgical decompression of C3-C6 with fusion on April 14, 2023. Post-surgical physical therapy was required. After various depositions, the liability insurance carrier, through its attorney, tendered its policy limits ($130,000.00) with a release. Mediation with the separate underinsured insurance carrier failed to resolve the matter. Then, just two weeks before trial, an additional $247,500.00 in underinsured insurance coverage funds was offered to resolve the claim.

RESULTS: $377,500.00 (total settlement, two policies)