A $245,000 settlement has been reached in a case in which a college student failed to see a walker in a Virginia crosswalk, causing serious injuries.
Virginia Lawyers Weekly noted a 23-year-old graduate student was walking home at 8:20 p.m. one night with her fiancé while carrying groceries from Wal-Mart.
She was hit while crossing a four-way controlled section against a red light.
A car made a left turn in the opposite direction and went through the intersection on a green light and a green left turn arrow.
Virginia Lawyers Weekly reported the intersection lacked separate pedestrian controls or crosswalk markings, but the woman had stepped off a sidewalk.
The driver was a 20-year-old college student. He had a completely unobstructed view and could offer no explanation why he failed to see a walker in a Virginia crosswalk. The driver said he was not texting or distracted in any other way.
A group of people saw the accident and could offer no explanation for the driver’s failure to notice the pedestrians.
Jim Hurley of Cooper Hurley Injury Lawyers talks about crosswalk accidents
A Virginia State Trooper was called to the accident scene. No citation was issued against the driver.
However, the walker was seriously injured. The impact of the crash threw her onto the hood where her head hit the windshield. She was thrown to the ground and put in a coma.
The woman was hospitalized for a week. She underwent significant physical therapy, occupational therapy, required surgery, optical therapy to repair her labral tear. She remained in treatment for a considerable time after the accident.
The woman was six months away from gaining a graduate degree in conflict resolution. The accident left her still employable but limited her future earning capacity. She suffered a traumatic brain injury, memory loss, depression and visual disturbance.
A lawsuit was filed in Stafford County Circuit Court. The case was resolved in April for $245,000, a sum that reflected the limits of the defendant’s insurance policy.
The plaintiff was represented by attorney Scott A. Surovell of Fairfax in Virginia.
This case demonstrates that a pedestrian still has a right to file a lawsuit against a driver even if the driver has a green light on an intersection and is not cited by police. In this case, the driver had no good reason not to see the walker.
Find out more about crosswalk accidents here on our website. If you or loved one has been injured crossing the road, call us at (757) 455-0077.