Motor Vehicle Negligence  – Motorcyclist thrown from bike  at impact has ortho injuries 

$1 million settlement 

Injuries alleged: Closed pelvic fracture, closed sacral fracture, L1-3 fractures, renal laceration, tibial plateau fracture, concussion 

Amount: $1,000,000 

Attorney for plaintiff: David M. Erwin, Charlottesville, Marks & Harrison 

Insurance carrier: Liberty Mutual Insurance 

Case description: The plaintiff was operating a motorcycle on a two-lane rural highway in Fauquier County when the defendant failed to yield the right-of-way, pulling his SUV through a stop sign into the plaintiff’s lane of travel, causing the collision. The plaintiff was thrown from the motorcycle at impact.  

The plaintiff lost consciousness at the scene and has no recall of the impact. The plaintiff was flown to Inova Fairfax with multiple orthopedic injuries. After operative repair of the pelvic and tibial fractures, the plaintiff was discharged for rehabilitative follow-up care. Surgical removal of the pelvic hardware causing pain was performed six months post-injury. There is no anticipated removal of the hardware related to repair of the tibial fracture.  

There was an allegation that the plaintiff was contributorily negligent by speed and failed to mitigate his damages, taking part in physically demanded sporting activities two months post-crash.