Overview
Our client suffered a severe ankle fracture after the pickup truck they were travelling in left the roadway and struck a tree. Although the driver claimed they swerved to avoid a deer, our firm established that the driver was negligent. The case resolved with a settlement of over $650,000, covering both the tort and accident benefits claims.
Key Takeaways
- Settlement amount: Over $650,000 (tort and accident benefits)
- Accident type: Single-vehicle motor vehicle accident
- Primary injury: Severe ankle fracture
- Resolution method: Settlement
- Notable legal issues: Driver alleged the collision occurred while avoiding a deer; negligence was established
- Medical treatment: Not specified
- Long-term impact: Unable to return to work, unable to maintain an active lifestyle, and career trajectory changed
- Accident benefits: Settlement included accident benefits claim
The Case
Our client was a passenger in a pickup truck when the driver lost control of the vehicle, left the roadway, and struck a tree. The driver maintained that the collision occurred after taking evasive action to avoid hitting a deer.
Through our advocacy, we established that the driver was negligent despite this defence. Successfully proving liability was an important aspect of the claim.
As a result of the collision, our client suffered a severe ankle fracture. The injury prevented them from returning to work, significantly limited their ability to enjoy their previously active lifestyle, and altered the course of their career.
Our firm secured a settlement of over $650,000, resolving both the tort and accident benefits claims.
Why It Matters
This case demonstrates that liability can still be established in single-vehicle collisions, even where a driver claims they were responding to an unexpected hazard on the roadway.
It also highlights how a serious orthopaedic injury can have lasting effects on a person’s employment, lifestyle, and future opportunities, despite not involving catastrophic injuries.