The old adage that the truth will out was demonstrated in the case of an auto accident in an intersection in which the defendant claimed that the stop sign was hidden by foliage. Eventually, the truth about the obscured stop sign was brought to light.
While driving home from work on a two-lane rural road Plaintiff’s car was struck by a pickup truck with great force. The driver of the pickup truck ran a stop sign. The pickup hit the car with such force that a 500-pound mobile welder in the back of the pickup truck to broke loose of its mounting and landed a full 40 feet away from the point of the collision. The driver of the pickup later claimed that the stop sign was obscured by foliage.
Witnesses to the accident reported that beer cans were in the bed of the pickup truck and on the roadway. Despite the presence of beer cans, responding police officers did not administer field sobriety tests or a breath test for alcohol.
Plaintiff was transported by helicopter to the hospital, where he spent 10 days and underwent a 14-hour surgical procedure to repair fractures to his hip and pelvis sustained in the crash. The surgery placed two plates and numerous screws to secure the bones.
When discharged from the hospital, Plaintiff was confined to a wheelchair. In time, he was able to use a walker. When his recovery was sufficient to allow him to bear weight on the damaged hip and pelvis, he was fitted with a custom brace to help him walk. Plaintiff also underwent demanding physical therapy to restore stability to the injured areas.
Plaintiff was unable to work for two months. Upon returning to work, he experienced difficulty fulfilling all of the requirements of a physically demanding job. As a result of the injuries sustained in the car crash, he was unable to perform a number of customary tasks on the family farm. The injuries also limited his ability to continue to enjoy his previous hobbies of boating and hunting.
The driver of the pickup claimed that he failed to stop at the intersection because he foliage obscured the stop sign. His attorney claimed that a number of complaints had been registered with VDOT requesting removal of the foliage obscuring the stop sign prior to the crash. The driver of the pickup continued to maintain that the stop sign was hidden, even in the face of a photograph taken on the day of the crash that clearly showed no foliage obscuring the stop sign.
The driver of the pickup also claimed that he was not familiar with the intersection. However, depositions contradicted this claim, revealing that he had traveled through the intersection in question many times before the accident.
The amount of Plaintiff’s medical bills was slightly less than $300,000. The driver of the pickup argued that one surgical procedure included in the cost was not related to the accident and thus its cost should be removed from the total.
This case was settled in mediation, awarding the Plaintiff $725,000. Despite the claims of the driver of the pickup, the truth about an obscured stop sign was brought to light.
If you or a loved one has been injured in a car crash, count on the trusted car crash attorneys of Altizer Law, P.C. The attorneys of this Roanoke-based Virginia law firm help people injured in car crashes throughout the Commonwealth of Virginia.
