Three insurers provide coverage in pickup crash – $1,000,000 Settlement

On June 1, 2006, the plaintiff was a front seat passenger in a Ford pickup truck driven by a close friend. The friend/host driver attempted to cross a four-lane divided highway and failed to yield the right-of-way, pulling directly into the path of a tractor-trailer approaching from the left. It was alleged that a road crew worker, prior to the crash, “waved” the friend into the intersection. The friend died at the scene. Plaintiff sustained multiple severe injuries requiring hospitalization for 18 days.

Plaintiff’s follow-up care was provided by his family physician and an orthopedist for a separation of the acromiclavicular joint in his left shoulder. Surgery for the separation was not recommended. Plaintiff was retired at the time of the crash and had no wage loss claim.

Plaintiff’s host driver had liability coverage of $50,000 per person. Plaintiff had UIM coverage of $300,000 ($250,000 available.) on his personal policy and an additional $100,000 on UIM coverage as a resident relative (all available). The liability carrier paid its limits and the UIM carriers paid their policy limits pursuant to VA. Code 38.2-2206 A & G.

A claim was also made against the construction company employing the road crew worker who “waved” plaintiff’s host drive into the intersection. That claim was settled for $600,000 with a portion placed in a structured settlement.

Type of Action: Tractor-trailer wreck, personal injury
Type of Injuries: Closed fractures of sacrum, C3-4 and C6-7; contusions to the heart and lung; pneumothorax; flail chest; avulsion injuries to left arm, sacrum and right hand, and separated left shoulder
Name of Case: Confidential
Medical bills: $183,000
Settled: $1,000,000
Plaintiff’s Attorney: Gregory S. Hooe, Tappahannock
[08-T-070]