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Drivers who fail to yield the right of way are one of the most significant causes of wrecks with serious injuries in the Commonwealth. In a recent case, a Cooper Hurley Injury Lawyers client was awarded $343,919 after a failure to yield accident in Virginia.
The woman suffered a torn rotator cuff, a fractured elbow, and a neck injury after she was hit by a driver who broadsided her after he failed to yield.
Although our client’s car only sustained modest damage, her injuries were more serious. She hired attorneys John Cooper and John Baker of Cooper Hurley Injury Lawyers who filed a lawsuit. The case was reported in Virginia Lawyers Weekly.
The woman was hit by a student. Initially, he claimed a bus blocked his view and the bus driver waved him on, leading to the wreck. He dropped this claim after facing legal depositions and requests for admission during the case. Our client’s medical treatment was extensive, although she did not go to the emergency room or seek care until a few days after the wreck. Her orthopedist performed an arthroscopic shoulder surgery.
The case was complicated by our client’s preexisting conditions. She suffered from advanced rheumatoid arthritis and osteo-arthritis for years before the wreck. Her operation on the partial thickness tear addressed synovitis and bony anatomical features that were pre-existing conditions before the failure to yield accident in Virginia.
Our client’s elbow compression fracture may have been caused by the use of a dynamic splint as part of post-surgical therapy
Lawyers for the defense argued our client suffered from significant pre-existing medical conditions that caused her pain and other issues. Defense medical examiner, Dr. John Aldridge claimed the care she received was not related to injuries sustained in the accident.
The case was settled at mediation overseen by Hon. Von L. on Aug. 21. The claim included special damages of more than $120,000 in medical bills and $16,000 in lost wages.
Fail to yield accidents are common in Virginia. They often occur at intersections or on slip roads. Failure to yield accidents occur when another driver does not give up the right away to the driver who has the right to proceed. The culpable driver may have been distracted or inattentive. In these accidents, the victim is almost always the driver who had the right of way. These scenarios can be extremely dangerous, particularly when an at-fault driver is merging onto a fast-moving highway.
Under Section 46.2-863 of the Code of Virginia, the driver who ignores a yield sign and enters oncoming traffic may be charged with reckless driving. Even if another driver waves you on, it is your duty to make sure the road is clear.
Common examples of a failure to yield in Virginia include the following:
As our recent case made clear, a failure to yield accident in Virginia can result in serious injuries to the victim. If you have been hurt in a car accident in Norfolk or elsewhere, please call Cooper Hurley Injury Lawyers at (757) 455-0077.