Man Hit By Drunk Driver Just Before Honeymoon Wins $140,000 Settlement
While the 61-year old plaintiff was driving down Route 123 in Virginia at 45mph, the defendant driving 55mph behind him lost control of the vehicle and crashed into the defendant. The plaintiffs car became airborne and finally stopped after rolling down an embankment. The plaintiff suffered scalp lacerations and complained of pains along his right side.
For his injuries and his totaled car, the plaintiff's original demand was for a quarter million dollars, and the insurance company, Hartford Insurance, countered with an offer of $40,000. In a case such as this, it is important to consider the details of the case when determine why and how the plaintiff via his Springfield VA auto accident attorneys and defendant came to agree on the final $140,000 settlement.
Had the plaintiff shown he was suffering enough to cancel or reschedule his upcoming five week long Honeymoon vacation overseas, the panel of jurors may have found much more sympathy for the victim, resulting in a much more substantial award. Ultimately, good fortune in avoid serious injury may have worked against his favor in settlement court.
An additional unfortunate situation that also played against him and in favor of the defendant was that the defendant was not administered a breath test for over three hours after the accident. When finally tested, he had a recorded Blood Alchohol Content was .19% (under VA law the legal limit for blood alcohol content is .08%) . Had the police immediately performed a breathalyzer test, the plaintiff may have been awarded a larger settlement due to a higher BAC.
For more information about this Virginia DUI accident visit Becker, Kellogg & Berry, P.C.