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$895,000 for Portsmouth Tow Truck Driver Hit by Drunk Driver on the Interstate

No two cases are the same and a previous case is no predictor of a similar result in a later case. However, our experienced virginia car crash injury lawyers will endeavor to get you the settlement or jury verdict that your circumstances deserve.

Attorneys on Case

John Cooper

Jim Hurley

What Happened

A tow truck driver from Portsmouth, Virginia was working on the 1-664 Monitor Merrimac Memorial Bridge-Tunnel (MMMBT) between Suffolk and Newport News when he was involved in a wreck.

While he was helping a broken down motorist on the bridge, his vehicle was hit by another car as he tried to secure a tow. He sustained serious injuries.

The at-fault driver was given a breath test by police and was found to have a blood/alcohol content that was twice the legal limit to drive.

The impact of the crash was so severe our client suffered a displaced fracture of the clavicle, a concussion, a broken ankle bone, and injuries to his knee.

The tow truck driver was left in a state of delirium at the accident scene. He remained dazed and confused for some time after the wreck. He was later diagnosed with a mild traumatic brain injury, also called a concussion. In the days after the accident, he was confined to a wheelchair. He was no longer able to work as a tow truck operator or to do tasks like playing with his children.

John Cooper and Jim Hurley of Cooper Hurley Injury Lawyers filed a claim against the DUI driver’s insurance company at Newport News Circuit Court. They made a case to support the evidence that our client had suffered from a mild traumatic brain injury in the crash.

Lawyers acting for the DUI driver’s insurance company claimed our client had post-traumatic stress disorder but had not suffered a traumatic brain injury.

Brain injuries are some of the most serious injuries that can occur after a wreck and a mild traumatic brain injury can also cause long-lasting effects. At the time of settlement, our client was continuing to face a daily struggle to live a normal life, even though he was out of a wheelchair.


A mediation hearing was held two months before the trial date when our client was awarded $895,000. The settlement was limited by the amount of insurance that was available.

This case serves as a reminder about how drunk drivers can ruin lives and cause permanent injuries. It also highlights the dangers that tow truck drivers face on a daily basis in Virginia.

Virginia’s “move over” law that was enacted to protect police, fire and paramedics by the roadside also applies to tow truck drivers. If you see a flashing blue or orange light by the side of the highway, you should move over a lane or, if it’s not safe to do so, reduce your speed.

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