Overview
Oatley Vigmond represented a pedestrian who sustained a severe brain injury and a fractured hip after being struck by an uninsured driver while lawfully crossing an intersection. The claims against the automobile insurer on behalf of the uninsured driver and the client’s accident benefits insurer were successfully resolved before trial for more than $2,400,000.
Key Takeaways
- Settlement amount: More than $2,400,000
- Accident type: Pedestrian accident
- Primary injury: Severe brain injury
- Additional injuries: Fractured hip
- Resolution method: Settlement before trial
- Notable legal issues: Claims involving an uninsured driver and the client’s accident benefits insurer
- Medical treatment: Around-the-clock supervision required
- Long-term impact: Severe memory and judgment impairments requiring lifelong supervision
The Case
Our client was crossing an intersection in a marked crosswalk with a green light when he was struck by an uninsured driver. The impact caused his head to strike the windshield before he was thrown more than 10 feet.
The collision resulted in a severe brain injury and a fractured hip. Because of the brain injury, our client experienced poor memory and severely impaired judgment, leaving him unable to live safely without around-the-clock supervision.
Oatley Vigmond pursued claims against the automobile insurance company on behalf of the uninsured driver, as well as the client’s accident benefits insurer. The claims were successfully resolved before trial for more than $2,400,000.
Why It Matters
Pedestrians are particularly vulnerable to catastrophic injuries when struck by motor vehicles. This case demonstrates how a severe brain injury can result in permanent cognitive impairments that require continuous supervision and long-term support.
The result also highlights that compensation may still be available even when the at-fault driver is uninsured. The settlement provides financial resources to help address the client’s ongoing needs following a life-changing injury.