The Case
A passenger was riding in a vehicle that was speeding when it collided with another car that pulled into its path. The crash involved fault on both sides—one driver was speeding, and the other failed to yield or misjudged the speed of oncoming traffic.
The plaintiff suffered a severe ankle injury that nearly required amputation. The medical team was able to save the limb, but the injury required extensive treatment and left lasting effects on mobility and function.
Video evidence captured the collision. The footage identified the actions of both drivers and helped establish how each contributed to the crash.
The plaintiff pursued a personal injury claim for the injuries sustained in the collision.
The Defense
The defense pointed to the extreme speed at which the plaintiff’s vehicle was traveling. The plaintiff was married to the driver and the defense argued that the jury was likely to blame the husband for the crash. In addition, the driver of the other vehicle (who pulled into the husband’s path) was a longtime employee of the Richmond School Board. The plaintiff’s husband, however, had an extensive criminal record and could be a liability at trial. The defense also argued that the plaintiff failed to mitigate her physical harm by missing medical appointments, not following doctors’ orders, and otherwise failing to take care of herself after the accident.
The video evidence was critical. It showed both the excessive speed of the vehicle the plaintiff was riding in and the improper entry of the other vehicle into the roadway. This evidence allowed both drivers to be held accountable.
The case went to mediation, but the initial mediation failed. Additional discovery—the formal process of gathering evidence through depositions, document requests, and expert analysis—was conducted after the failed mediation.
The Resolution
After additional discovery revealed more evidence about both drivers’ roles in the crash and the severity of the ankle injury, the case settled for $1,375,000.
The settlement reflected the near-amputation severity of the injury, the permanent effects on the plaintiff’s mobility, and the shared liability of both drivers.
Why These Cases Matter
Passengers are innocent victims in collisions. They have no control over the vehicles involved and no ability to prevent the crash. When both drivers share fault, passengers can pursue claims against both.
Near-amputation injuries are catastrophic even when the limb is saved. The ankle is essential for walking, balance, and mobility. Severe ankle injuries often require multiple surgeries, hardware implants, prolonged rehabilitation, and can result in permanent limping, chronic pain, and inability to stand or walk for extended periods.
Video evidence has changed injury litigation. Dash cameras, traffic cameras, Tesla footage, and nearby security systems often capture collisions in detail. This evidence can be critical in establishing what happened and countering false narratives from drivers or insurers.
Failed mediations do not mean a case is over. Sometimes additional discovery is needed to fully develop the evidence. Continued investigation after an unsuccessful mediation can lead to significantly better outcomes.
If you were a passenger injured in a collision where fault is disputed or shared between drivers, contact us to discuss your case. We handle motor vehicle injury cases on a contingency basis—there is no fee unless we recover compensation for you.