Overview

Oatley Vigmond represented a young man who sustained a mild traumatic brain injury and pelvic fractures after his vehicle was struck from behind by a drunk driver on the highway. The firm pursued claims against the impaired driver, the bar that served him, and the client’s own insurer for underinsured motorist coverage, ultimately resolving the matter for $2,725,000.

Key Takeaways

  • Settlement amount: $2,725,000
  • Accident type: Motor vehicle collision involving an impaired driver
  • Primary injury: Mild traumatic brain injury
  • Additional injuries: Pelvic fractures
  • Resolution method: Settlement
  • Notable legal issues: Claims against the impaired driver, the bar that served the driver, and the client’s insurer for Underinsured Motorist Coverage
  • Medical treatment: Not specified
  • Long-term impact: Unable to find employment in his chosen field following graduation due to his injuries

The Case

Our client had recently graduated from university when he was seriously injured in a highway collision. A drunk driver, who had left a bar approximately ten minutes earlier, struck his vehicle from behind. The collision resulted in a mild traumatic brain injury and fractures to his pelvis.

Oatley Vigmond commenced legal proceedings against both the impaired driver and the bar, alleging that the bar had served the driver to the point of intoxication. Because the impaired driver carried only $500,000 in liability insurance and our client’s damages exceeded that amount, the firm also pursued a claim against the client’s own automobile insurer for Underinsured Motorist Coverage.

As a result of his injuries, our client was unable to obtain employment in the field he had trained for after graduating from university. The claims against the impaired driver, the bar, and the client’s own accident benefits insurer were successfully resolved for $2,725,000.

Why It Matters

This case illustrates how a serious collision involving an impaired driver can give rise to claims against multiple parties when the available insurance coverage is insufficient to compensate an injured person fully.

The result also demonstrates the lasting impact that even a mild traumatic brain injury can have on a young person’s future. In this case, the injuries affected the client’s ability to begin his career despite completing his university education.