University student struck in crosswalk by inattentive driver – $246,000 Settlement

Plaintiff, a U.Va. student, was injured in a pedestrian-versus-vehicle collision that occurred in Charlottesville on March 20, 2013. Plaintiff was crossing Alderman Road in a crosswalk when he was struck by an inattentive driver who had bent over to pick up a pen while driving. The driver’s view was obstructed when he bent down to retrieve his pen, and he didn’t see the plaintiff in the crosswalk. He struck the plaintiff, who was unresponsive and lost consciousness at the scene. The Albemarle County police department responded to the scene of the accident and the driver was charged with failure to yield to pedestrians.

The plaintiff sustained multiple orbital and sinus fractures, a sacral fracture, subarachnoid hemorrhaging, swelling and multiple abrasions, with immediate visual problems. After leaving the hospital, he continued to have headaches, memory issues and difficulty concentrating. He was unable to focus and attend classes as normal, and he could not work during summer breaks as he usually did. He was frequently fatigued, dizzy and easily frustrated, and his vision loss and memory problems persisted, all consistent with post-concussive syndrome. Ultimately, he was diagnosed with minor permanent loss of his peripheral vision.

The case was settled for a minor discount off the policy limits.

[15-T-144]

Type of action: Personal injury – auto accident
Injuries alleged: Orbital fractures with some permanent peripheral vision loss, maxillary sinus fractures, left sacral fracture, renal cyst, subarachnoid hemorrhaging, multiple abrasions
Date resolved: Jan. 21, 2015
Special damages: Medical bills
Demand: $250,000 policy limits
Verdict or settlement: Settlement
Amount: $246,000
Attorney for plaintiff: T. Vaden Warren Jr., Charlottesville
Plaintiff’s expert: Neven Ujevic, MD
Insurance carrier: Allstate Insurance Company