Our client was injured in an automobile collision on Greenwood Road in Albemarle County. At the time of the collision, our client was traveling as a front seat passenger in a new sports car owned and operated by another individual who had been drinking. The driver lost control of his vehicle and collided with a tree on the side of the road. The driver was charged with failure to maintain proper control.
As a result of the collision, our client was taken by ambulance to the University of Virginia emergency room. He sustained extensive fractures to his right ribs, a cervical spine fracture, lumbar and thoracic fractures, a mid-shaft clavicle fracture, a right non-displaced scapular body fracture, a right jaw fracture, and a left sacral and pelvic fracture.
Due to reoccurring pain in his right shoulder he underwent surgery a year following the accident.
Initially, another attorney handled the case for our client, but decided there simply was not anything he could do as our client did not have any memory of how the accident occurred.
There also was some question as to whether or not our client was aware that the driver of the vehicle he was traveling in had been drinking. In Virginia, if you get into a vehicle with someone whom you knew was intoxicated, you are taking an “assumed risk” that you could be injured and are not entitled to make a recovery for your losses. Our firm took the case after the other attorney was not able to find supporting law to assist the client.
Our client had incurred a total of $55,048 in medical expenses as a result of this accident. We were able to convince the insurance company our client was entitled to make a recovery based on his particular situation obtaining a successful settlement for 90% of the policy limits.
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