Bicyclist was struck by motorist in dedicated bike path – $700,000 Settlement

The plaintiff was injured in a motor vehicle/bicycle collision in Virginia Beach. The collision occurred when the defendant driver failed to maintain proper lookout, speed and control of his vehicle as he was exiting a parking lot to enter the street. Plaintiff was operating a bicycle on a dedicated bike path which intersected the driveway exit and when struck was thrown from his bicycle onto pavement.

The plaintiff suffered a displaced right subcapital hip fracture and multiple right rib fractures. Open reduction and internal fixation of the hip fracture with placement of percutaneous screws took place on the date of the collision. Upon his release from the hospital, plaintiff was admitted for in-patient rehabilitation of his hip injury. Over the course of the next several months, the plaintiff’s hip did not respond to conservative care and ultimately nonunion of the fracture with bone collapse was diagnosed.

Thereafter, the plaintiff underwent a right total hip replacement. At the time of the procedure, the titanium screws were cultured and a staph infection was identified. The plaintiff was maintained on intravenous and oral antibiotics thereafter and underwent another lengthy period of in-patient rehabilitation of his injuries and treatment of the infection.

At the time of the accident, the plaintiff was retired. His sole mode of transportation is his bicycle. He has made an excellent recovery from his injuries and is back riding his bicycle more than 500 miles per month.

[15-T-172]

Type of action: Personal injury – auto/bicycle accident
Injuries alleged: Right subcapital hip fracture, multiple right rib fractures and staph infection
Name of case: Collins v. Pollard
Court: Virginia Beach Circuit Court
Case no.: CL15-44
Resolved by: Mediation
Date resolved: Aug. 20, 2015
Special damages: Past medical expenses – $162,554
Verdict or settlement: Settlement
Amount: $700,000
Attorney for plaintiff: Daniel M. Schieble, Virginia Beach
Plaintiff’s experts: A. Williamson, M.D., treating orthopedic surgeon; G. Raymond Payne III, M.D., treating orthopedic surgeon; Tariq Iqbal, M.D., treating infectious disease specialist
Insurance carrier: Allstate